ALI ABUBAKAR B. GUMEL, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Ondo State High Court, Owo Division delivered on 29th June, 2004 by Fadoju, J. in, Suit No. HOW/6A/98.
The Appellants were the 2nd and 3rd Defendants in Suit No. OW/CC1/15/97 before the Customary Court 1, Owo, Ondo State. The Respondent was the plaintiff who sued 3 Defendant's on behalf of himself and Owotoyinbo family. The claim of the Respondent was as set out on the record as follows:
(a) The sum of N2,000 (Two Thousand Naira) being special and general damages for crops such as Timbers, Oranges, Palm trees etc destroyed and/or harvested without plaintiffs consent;
(b) A declaration that the family of Late Owotoyinbo of Owo was entitled to a customary right of occupancy of the land being at Iworo Camp vis Ojana, Owo and which land was bounded as follows;
(i) on the 1st side by the land of one Chief Asema -
(ii) On the 2nd side by River Obinrin
(iii) On the 3rd side by a foo…