JUMMAI HANNATU SANKEY, J.S.C. (Delivering the Lead Judgment): This appeal is a challenge to the decision of the Court of Appeal, Ibadan Division (hereinafter referred to as 'the Court below') Coram: C.N. Uwa, JCA (now JSC); J.S. Ikeygh, JCA; and O.D. Daniel-Kalio, JCA delivered on 02-02-2013. Therein, the Court below dismissed the appellants' appeal and affirmed the decision of the trial High Court of Oyo State which was delivered on 20-02-2009.
The facts surrounding the dispute that snowballed into this appeal revolve round the ownership of a parcel of land at Abanla/ Idose/Kumapayi Village in Ibadan, Oyo State. The suit at the trial Court was instituted by the respondent who sought for the declaration of a Customary Right of Occupancy, claimed damages for trespass and an order of perpetual injunction against the appellants. At the trial, the respondent adduced evidence to prove his case through 13 witnesses (inclusive of himself) and Exhibit PW1, a Survey Plan of the land in dispute.…