ADEKEYE JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the Osun State High Court of Justice, Oshogbo Judicial Division delivered on the 13th day of July, 2000. The plaintiffs before the trial court - Madam Adeyoola Ajibade, Mr. Adeleke Oyedun, Mr. Olajire Ajibade and Karimu Adeniyi sued the defendants, Alhaji Oyekola and Alhaji Oduola in a representative capacity for the Oyero Lagada family of Lagada Compound, Oshogbo. The defendants defended the suit on behalf of the Layiokun family of Layiokun’s Compound, Oshogbo.
The plaintiffs’ claims as endorsed on the writ of summons and as averred in paragraph 36 of the further amended statement of claim read as follows:- A declaration of title to a statutory right to occupancy to all the piece or parcel of land situate and lying at Ajeogbe farm at the Nursing School Area, Osogbo, which land is more particularly described and delineated on survey plan No. OS/ 108/94/17D dated May, 1994 drawn by Adetunji Adeleke, …