MOHAMMED AMBI-USI DANJUMA, JCA (DELIVERING THE LEADING JUDGMENT): This appeal is against the judgment of the High Court of Osun State presided over by Hon. Justice M. A. Adeigbe in suit No. HIF/33/2005 delivered 26th September, 2012.
The appellant as plaintiff at the lower Court commenced this action by writ of summons accompanied by a statement of claim, both dated 15th September, 2005. Statement of defence and counter claim were filed on the 25th April, 2006 by the Respondent herein.
Plaintiff/Appellant later filed an Amended Statement of claim and a further Amended Statement of claim dated 19th Nov, 2007 and 5th March, 2010 respectively. The claims of the plaintiff/Appellant against the defendant/respondent are as follows:
1. That the plaintiff's family is entitled to customary right of occupancy in respect of the land situate, lying and being at Gbagobago/Abanda and bounded as follows:-
First side by Samolfa through Elewura -idannu Footpath River Isasa, second side by River Isaasa…