ADAMU, JCA.: (Delivering the Leading Judgment) On 30/5/90, the plaintiff/ respondent filed his writ of summons against the two defendants/appellants at the High Court of Justice, Ilesha whereby he claimed as followes:
“(i) Declaration that the piece or parcel of land measuring approximately 20, 415 hectares situate, lying and being at Eriru along Ilesha/Ife Road, Ilesha and more particularly described in a survey plan No. KARA/OY/1052/86 attached to a certificate of occupancy dated 12/ 5/87 and registered as No. 49 at page 49 in volume 2742 of the register of deeds in the Lands Registry, Ibadan, forms part of Loro
Chieftaincy land.
Declaration that the plaintiff, as the incumbent Loro of Ilesha, is the person entitled to a grant of a statutory right of occupancy in respect of the said land.
Declaration that the purported grant of the aforesaid piece of land by the 2nd defendant to the 1st Defendant is null, void and of no effect whatsoever.
An order setting aside the certificate of occup…