MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering The Leading Judgment): This is an appeal against the judgment of the Honourable Justice M. A. Adeigbe sitting at Ile - Ife in the Osun State High Court, delivered on 16th December, 2008.
By a writ of summons and statement of claim filed on 16-2-2006, the respondents as plaintiffs sued the 1st Appellant for an entitlement to statutory right of occupancy, rent and injunction. The other defendants appellants were joined by order of court in the proceedings.
The relevant pleadings at the court below are:
a. Plaintiffs Amended Statement of claim dated 23/11/2006.
b. Statement of defence of the 1st defendant dated 5/5/2006 and filed on 7/5/2006.
c. Further Amended statement of Defence of the 2nd - 5th Defendants dated and filed 25/5/2007.
d. Plaintiff's Reply to statement of Defence by 1st Defendant dated 2/10/06 and filed on 3/10/2006.
e. Plaintiff's Reply to statement of Defence by 2nd - 5th Defendants dated and filed on 12/1/2007.
By paragraph 1…