AWALA JCA (Delivering the Lead Judgment): The appellants were the defendants at the lower court - the High Court of Justice of Oyo State of Nigeria, while the respondent was the plaintiff thereat. The plaintiff sued the defendants in a representative capacity for: A declaration that he is the bona fide owner and is entitled to a statutory right of occupancy of all that piece or parcel of landed property situate, lying and beingat Ayeye Acute Area off Olorunda Aba via Ibadan as per inheritance from the late Pa O. Omidele. (2) A perpetual injunction restrainingthe defendants, their agents, servants, privies and assigns from further going upon or dealing in any way whatsoever with the said land or any portion thereof.
(3) An order setting aside the purported sale agreement and certificate of occupancy issued in favour of the 1st defendant. The defendants, on the other hand, counter-claimed as follows:
“1. A declaration that the 1st defendant/counter-claimant is the rightful owner and o…