The Plaintiffs who are Respondents in this appeal sued the Defendants, now Appellants, claiming as per paragraph 38 of their amended statement of claim -
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1
Declaration of Statutory right of occupancy to all that piece and parcel of land known as Odoso Family land situate, lying and being along Ikare-Owo Road, Ikare-Akoko, delineated on plan to be filed hereafter.
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2
Forfeiture of all the rights and interests whatsoever of the Defendants as customary tenants on the portion of the aforesaid land granted to them by the Plaintiff's family.
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3
Perpetual Injunction restraining the Defendants, their servants, agents privies and all persons claiming by and through them from further entry on the said portion of the Plaintiffs' family land aforesaid."
Pleadings were filed and exchanged and, with leave of Court, amended. The Plaintiffs filed a reply to the Defendants' amended statement of defence. The action proceeded to trial at which both sides led evidence in support of their respective case. At the conclusion of trial, and after addresses by learned counsel for the parties, the learned trial Judge, in a reserved judgment, found for the Plaintiffs and adjudged as hereunder:
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"Consequently, Plaintiffs are awarded judgment for (a) a declaration of statutory right of occupancy to all that piece and parcel of land known as Odoso family land situate, lying and being along Ikare-Owo Road, Ikare-Akoko, delineated and edged 'Red' on the plan marked 'A' in these proceedings.
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Forfeiture of all the rights and interests whatsoever of Defendants as Plaintiffs customary tenants on the land in dispute described thus in paragraph 3 of Plaintiffs' amended statement of claim:
'The land which is the subject matter of this suit is situate, lying and being along Ikare-Akoko which is within 5 mites of the township of Ikare, as shown on Survey Plan No FD/914 made by A.O. Adebogun, Licensed Surveyor cited with this State of Claim and thereon edged 'RED' is also ordered. Plaintiffs are entitled to perpetual injunction and the same is accordingly granted."
The Defendants were displeased with this judgment and appealed to the Court of Appeal (Benin Division). That Court dismissed the appeal.
