SANKEY JCA (Delivering the Lead Judgment): This is an appeal against the ruling of the High Court of Justice, Ikere-Ekiti presided over by Aladejana J. delivered on 2 August 2006, in which the defendants’/appellants’ preliminary objection to the hearing of the suit was dismissed.
The brief facts of this appeal are that the plaintiffs/respondents representing the Osobe family of Uro Street, Ugele, Ikere-Ekiti filed an action sometime in 1989 at the High Court Ikere Ekiti in suit No. HCR/ 34/89, David Alonge and Ors. (for themselves and on behalf of Osobe family, Ikere Ekiti, against Noah Alakoko and Ors. (for themselves and on behalf of Osotun family, Ikere-Ekiti). The claim as endorsed on the writ of summons and statement of claim was for the following: Declaration that the plaintiffs are entitled to the certificate of statutory right of occupancy in respect of a piece or parcel of land situate, lying and being at Abepe farmland, Eti Osun, Igbara-Odo Road, Ikere-Ekiti. Declaration th…