RIDWAN MAIWADA ABDULLAHI, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Justice of Osun State sitting at Ile-Ife Judicial Division delivered by Hon. Justice A. D. Oladimeji on 24th day of January, 2017. Before the lower Court, the appellants and the respondent were the defendants and the plaintiff respectively.
By paragraph 25 of the 2nd Amended Statement of Claim, the respondent as plaintiff claimed the following reliefs:
1. A declaration that the plaintiff who is the owner and in physical possession is the one entitled to the Statutory/Customary right of occupancy of the acre of land measuring 225 feet by 265 feet surrounded on the sides by Ife/Ibadan Road, Samson Gbensoye’s land, Oyebisi Oyewole’s land and Samson Gbensoye’s land situate, lying and being at Gbagogbaga or Gborogboro Area, near Ishasha river, Ipetumodu Ife North Local Government council Area of Osun State.
2. An order for immediate surrender of possession of the said…