TIJJANI ABDULLAHI, J.C.A. (Delivering the Leading Judgment): On the 27th day of February, 2009, in the Kwara state High court of Justice, Ilorin, the claimant/Respondent filed a writ of summons for and on behalf or the Abudu Lareju's family claiming the following reliefs:
"(a) A declaration that the claimant's family is the customary owner of all that portion of land measuring an Area of 214 OM X 148 6M X 192.2.M X 221.3M (3.796 IIQ) in dimension which the Defendant occupied without the notice, consent and approval of the claimants family.
(b) An order setting aside the certificate No. KW 10755 of occupancy unlawfully issued to the Defendant by the Kwara State Government in respect of portion of the land.
(c) A declaration that Certificate of Occupancy No. KW 10755 unlawfully issued to the Defendant by the Kwara State Government in respect of the portion of land is null and void"
After pleadings were filed and exchanged but before commencement of hearing, the appellant who was the def…