EBENEZER ILO ADENIYI JONATHAN ADENIYI O. AKINDELE OLANIRE ALHAJI SHAKIRUDEEN IBRAHIM V. MICHAEL S. EDUN OROJA GANIYU OKE ODU OROJA TIMOTHY OLUFEMI ODU OROJA DAVID AYINDE ODU OROJA TIMOTHY KOKUMO ODU-OROJA

OGUNBIYI JCA (Delivering the Lead Judgment): By a writ of summons dated 12th May, 1986, the plaintiffs/respondents sought against the defendants’ family for a declaration that they are entitled to customary right of occupancy, trespass and injunction in respect of a parcel of land at Meran village in Agege. The plaintiffs’ claim as per their amended statement of claim at pages 5 - 9 and reply with defence to counter- claim at pages 16 - 24 of the record accordingly. The defendants also filed a statement of defence and counter-claimed against the plaintiffs for declaration of right to statutory customary right of occupancy to a large area of land which includes the land in dispute at Meran. The plaintiffs/respondents on the one hand claimed an entitlement to the right on the ground that their forefather Adeluola, over 200 years A ago, was the first to settle on a large parcel of land, which includes the farmland, the land in dispute. On the other hand, the defendants/ appellants clai…