AFOLAYAN & ANOR V. BABALOLA & ORS

UZO IFEYINWA NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Kwara State delivered on 18th January, 2021 by H. A. Gegele Judge dismissing the Claimants' suit. The Claimants in the lower Court claimed the following reliefs:

i. A DECLARATION that no individual member of Ilowe community has the right to plant cash crops (tree crops) such as Cashew on any part of Ilowe communal land until such land has been partitioned by the Community.

ii. A DECLARATION that the planting by all the defendants, of Cashew trees and/or other cash crops on Ilowe of Kajola communal land amounts to a breach of the custom, tradition, rules and regulations of Ilowe community and as such the cash crops are liable to be removed or forfeited to Ilowe Community.

iii. AN ORDER directing all the defendants to remove the cashew trees and any other cash crops planted by them on any communal land of Ilowe Community in Kajola town, Oke-Ero LGA, Kwara State…