SAMUEL AKOLEDOWO & ANOR. V. TAYE ADELEYE OJUBUTU & ORS.

CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment): In the High Court of Ondo State, Akure judicial division, the appellants herein as plaintiffs in their amended statement of claim dated 11/6/2002 claimed from the 1st - 3rd respondents as defendants Declaration of Customary right of Occupancy, damages for trespass and an order of perpetual injunction in respect of a piece of land situate and being at Okuta-Afa off Akure Road Ita-Ogbolu in Ondo State. With the leave of the court the 4th and 5th respondents/defendants were made parties to defend the action of the appellants/plaintiffs on behalf of themselves and Adedulu Ologbosere family of Ita-Ogbolu. The defendants had counter-claimed for declaration that the land in dispute is the joint property of both the plaintiffs and the defendants. The defendants also claimed forfeiture of all contracts of sale of portions of the land by the plaintiffs or in the alternative, payment to the defendants by the plaintiffs of specifie…