CHIEF OLADAPO AKINDE V. RAPHAEL OGUNDIRAHUN

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of O. O. Akeredolu J., sitting at the Akure Judicial Division of the High Court of Justice, Ondo State, which judgment was delivered on 5/12/2009.

The appellant as plaintiff before the customary court at Idanre claimed against the Respondent for the following reliefs:

1. A declaration that the plaintiff is entitled to the grant of customary right of occupancy over the land lying situate and being at Isagun - Saro High Hill, Idanre which is bounded on the right side by Olofin Grammar School, on the left side by Late Herbert Olubodun Farm, on the topside by High Chief Ologbosere layout and on the bottom by root path.

2. A declaration that all previous sales of land by the defendant null/void and of no effect.

3. N1,000 damages for trespass committed by the defendant his servants, agents privies, or otherwise however from interfering, entering and/or trespassing unto plaintiff's land …