(2014) JELR 39728 (CA)    

Court of Appeal  ·  CA/AK/5/2010 ·  24 Oct 2014 ·  Nigeria
MOJEED ADEKUNLE OWOADE Justice of The Court of Appeal of Nigeria MOHAMMAD AMBI-USI DANJUMA Justice of The Court of Appeal of Nigeria JAMES SHEHU ABIRIYI Justice of The Court of Appeal of Nigeria

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Osun State High Court, Osogbo Judicial Division delivered on 16th March, 2010. The suit at the Lower Court was instituted by the Respondents as Plaintiffs against the Appellants as Defendants.

The claim of the Respondents against the Appellants was for the following:

1. A declaration that the Plaintiffs are entitled to the customary rights of occupancy upon that entire piece or parcel land at Ipepeji Ilare bounded on its various sides as follows:

On the front side by Igigun

On the second side by River Iloja

On the third side by Itiya

On the fourth side by River Oloyo

More specifically shown in the plaintiffs' dispute survey plan No:

OS/1194/2007/LD/001 and therein verged red.

2. A declaration that the Defendants as well as all indigenes of Otan-Ile on Ipepeji farmlands were tenants of the Plaintiffs Aoyile descendant's family (successors of Odeyemi) on all that northern part of…

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