AMAIZU, JCA (Delivering the Lead Judgment): The facts which led to the present proceedings briefly are as follows:- The respondent, as the plaintiff, brought an action against the appellant and three others as defendants, in an Upper Area Court, Omu- Aran, for and on behalf of Asalofa family of Offa claiming the following reliefs:- “1. A declaration that the plaintiff and his Asalofa family members of Offa are the customary title holders and owners of the landsituate and lying at Amobe Offa, and therefore the only people entitled to a certificate of occupancy on the land.
A perpetual injunction restraining the defendants, their agents, privies, or any one claiming through them from committing further acts of trespass on the plaintiff’s land. A perpetual injunction restraining the defendants, their agents , privies or any one claiming through them from disturbing the plaintiff’s family of their peaceful possession and use of the land”.
It is the respondent’s case that their ancestor As…