ALHAJI EMIOLA AMUSA ADELEKE (FOR HIMSELF AND ON BEHALF OF AKINLADE FAMILY) V. BAYO ASANI (FOR HIMSELF AND ON BEHALF OF ADESINA FAMILY) WAHABI ABASI

EJIWUNMI, JSC, (Delivering the Lead Judgment): This action which has resulted in this appeal was commenced by the plaintiff on his own behalf and the Akinlade family by a writ of summons in Suit No.1/567/84 against S.A. Aremu. Following the death of S.A. Aremu, Bayo Asani was substituted for him and who became the 1st defendant/respondent in this appeal. He defended the action on behalf of himself and the Adesina family. Later in the proceedings, Alhaji Wahabi Abasi was with the leave of the trial court joined as the 2nd defendant and he defended the action on behalf of himself and the Abasi Aleshinloye family.

By paragraph 26 of the plaintiff’s amended statement of claim, his claims read as follows:- “Wherefore the plaintiff claims against the defendants for A declaration that the plaintiff’s family, Akinlade family of Popoiyemoja, Ibadan, are entitled to the statutory A Right of Occupancy in respect of the land in dispute, lying and being at Odo-Ona Elewe area, Ibadan bounded on th…