OLALERE ALEMULOKE V. THE PRESIDENTAND MEMBERS OF IBADAN SOUTH EAST GRADE ‘C’ CUSTOMARY COURT, ILE-TUNTUN, MAPO, IBADAN MUIBI ASAJU (FOR THE ASAJU FAMILY)

AGBO JCA (Delivering the Lead Judgment): At the lbadan South East GradeCustomary Court, Mr. Muibi Asaju the 2nd respondent in this appeal filed suit No. 387/96 against the appellant in this suit Mr. Olalere AkanjiAlemuloke and Mr. Emiola Ijesha claiming:

Declaration for a customary right of occupancy to a piece of land situate and being at Asaju’s compound Oritamerin Area, Ibadan.

An order restraining the defendants, their agents, servants orprivies from going on the land. The value of the land is eight hundred naira.

Upon beingserved withthe CustomaryCourt processes, the appellant Mr.Alemuloke together with Mrs. Ajasa and Mrs. Oginni approached the Oyo State High Court in suit No. M/167/96 seeking an order of prohibition against the respondents in this appeal. The High Court granted the appellant a decree nisi following an ex parte application seeking leave of the High Court to cause an order of prohibition to issue. The respondents were thereafter put on notice as required by the…