AZUKA ANAKWE & ANOR. V. AJANI OLADEJI

ALFRED P. E. AWALA, J.C.A. (Delivering the Leading Judgment): The appellants were the Defendants at the lower Court - the High Court of Justice of Oyo State of Nigeria, while the respondent was the plaintiff thereat. The plaintiff sued the defendants in a representative capacity for:-

1) A declaration that he is the bona fide owner and is entitled to a statutory right of Occupancy of all that piece or parcel of landed property situate, lying and being at Ayeye acute area off Olorunda Aba via Ibadan as per inheritance from late Pa O. Omidele;

2) A perpetual injunction restraining the Defendants, their agents, servant, privies and assigns from further going upon or dealing in any way whatsoever with the said land or any portion thereof.

3) An order setting aside the purported sale agreement and certificate of occupancy issued in favour of the 1st Defendant.

The Defendants on the other hand counter-claimed as follows:-

1. A declaration that the 1st defendant counter-claimant is the right…