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M. BELLO, CJN (Delivering the Leading Judgment): The main issue for determination in this appeal is whether, having regard to the provisions of the Land Use Act 1978, customary owners are entitled to be granted declaration of title to a parcel of land against their customary tenants. The facts of the case as found by the trial judge for the determination of the issue may be summarised.
The first Plaintiff is the village head of Basanyin village in Ifedapo Local Government Area of Kwara State and the other Plaintiffs are his chiefs. The Plaintiffs and their people call the land in dispute Gaa Kekere or Gaa Oke.
About 60 years ago, the Plaintiff's ancestors permitted the Defendants' ancestors, who were nomadic Fulanis to settle on the land as customary tenants for farming and grazing purposes. Their ancestors and the Defendants were paying tribute to the ancestors of the Plaintiffs and to the Plaintiffs from the time they had been allowed to settle on the land until when they stopped pa…