HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivered the Leading Judgment): This is an appeal against the ruling of Hon. Justice M. A. Agbelusi of the Ido-Ekiti High Court Ekiti State delivered on 7th June 2006.
The facts that led to this appeal are as follows:
The Plaintiff now Respondent filed a writ of summons on 16/3/06 at the High Court and made the following claims:
"1. DECLARATION that the Plaintiff is entitled to Certificate of Customary Right of Occupancy to that property A house (bungalow of 6 rooms) with the boys quarters of 4 rooms and appurtenances attached thereto situate, lying and being at NO.4 Isalu Street Osan-Ekiti in Moba Local Government of Ekiti State.
The house is bounded as follows:
(a) First side Otun/Ora road
(b) Mr. Adeleke
(c) Oke Imole road/Mr. Ogunkayo Adeyemi and
(d) Fourth side Olayemi
2. FORFEITURE of Defendants' right to continue to occupy the 3 rooms granted to them rent free in the above house.
3. N100,000.00 for trespass
4. N500,000.00 special damages fo…