CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment): The appeal is against the judgment of the Lagos State High Court delivered by H.O.A. Abiru, J. (as he then was) on the 31st day of March, 2009.
The background facts are that the Respondents as claimants commenced the action by a Writ of Summons dated 6th November, 2006 and filed their statement of claim the same day, claiming as follows:
a. A declaration that the parcel of land known as Eleyo farmland measuring 39.915 Hectares (76.391 Acres) and covered by survey plan no. MAF/634/92 dated 3rd August 1992 and drawn by M.A. Fasasi, licensed surveyor belongs to the Oduntan Kalejaiye family of Agbowa lkosi, which is entitled to the customary right of occupancy of all that parcel of land shown on the said survey plan No. MAF/634/92 dated 3rd August 1992.
b. A declaration that Eleyo farmland is not the same as Koyo - Ado
c. An order of perpetual injunction, restraining the defendants, their agents, privies or servants or any other pers…