<p><strong> ABDULLAHI JCA (Delivering the Lead Judgment): </strong> This is an appeal against the decision of the HighCourt of Justice, Kwara State, in its appellate jurisdiction delivered on 18 March 2008 affirming the decision of the trial Upper Area Court, Ilorin of 23 July 2007.</p><p>On 29 October 1996, the respondent as plaintiff, later substituted by the present respondents caused a summons to be issued for himself and on behalf of Omodehin Kelebe family of Ilorin against the defendant/appellant pursuant to the provisions of Order 2, rules 2 and 6 of the Area Courts (Civil Procedure) Rules, 1971 in the following terms:</p><p>A declaration that Omodehin Keleba familyIlorin is the owner of the piece or parcel of land situate, lying at Ogidi Area near Federal Low Cost Housing Estate, Ilorin in Ilorin East Local</p><p>Government of Kwara State, to the exclusion of any other person or persons howsoever.</p><p>Adeclaration that Omodehin Kelebe family, Ilorin, is entitled to a customary right of occupancy on the piece or parcel of …</p>