OYENIRAN
V.
AJANI

MUHAMMAD JCA (Delivering the Lead Judgment): The appeal and cross-appeal, the subject of this judgment, are against the judgment of the Oyo State High Court in suit No.I/443/98 dated 30 October 2003 perHon. Justice M.A.O. Owoade (as he then was). The appellant/cross- respondent as plaintiff had commenced the suit against the respondent/ cross appellant claiming as follows: “(a) Declaration that the plaintiff is entitled to the statutory right of occupancy of all that piece of land situate, lying and being at Ado’s Compound, OkeAdo lbadan and shown EDGED RED on Plan No.LL:20:0Y:99 drawn by L. Alli, Licensed Surveyor, on 14 August 1999. (b) Forfeiture of the customary tenancy of the defendant over and in respect of the plots or parcels of land held by the defendant of the plaintiff as customary tenants.” The suit was fought and opposed by the appellant and respondent in their representative capacities. Whereas the plaintiff sued for himself and on behalf of members of the Ado family, …