MIKA’ILU JCA (Delivering the Lead Judgment): In this matter, the appellants are Alhaji Mohammed Layinka Galadima of Ilorin and Alhaji Oluruka - Oba Galadima. They are to be referred to here and after as the 1st and 2nd appellants respectively. The respondents are the Attorney- General of Kwara State and the National Oil and Chemical Marketing Plc.
They are to be referred to here and after as the 1st and 2nd respondents respectively. From the record of proceedings, it is clear that the appellants and one other as plaintiffs, by way of writ of summons instituted an action before the Kwara State High Court of Justice, Ilorin against the respondents jointly and/or severally claiming for the following reliefs:-
A declaration that the plaintiffs’ family’s customary right of occupancy still subsists since the defendants did not obtain the consent and/or permission of the plaintiffs’ family before the 2nd defendant occupied the plaintiffs’ family land on which the 2nd defendant has built her …