ABISOYE ATALOYE & ORS V. SUNDAY BANJO FABONMI & ANOR

MOHAMMED AMBI-USI DANJUMA, J.C.A. (Delivering the Leading Judgment): This appeal arose from the Judgment of Hon. Justice W. A. Akintoroye of the High Court of Ondo State, sitting at the Akure Judicial Division delivered on the 30th day of June, 2015 in Suit No AK/229/2013.

By a writ of summons and a statement of claim dated 10/10/2013 and filed on 11/10/2013 the appellants as claimants at the Court below claimed against the defendants/respondents for the following reliefs:

(a) A declaration that the Claimants are entitled to the Statutory Right of Occupancy on land known as Fajola family land bounded on the top by Oke-Oge, Odofin farmland at the bottom by Ogodo Ajayi/Old Road/Airport, at the left by Fayape farmland and at the right by Olojugba farmland as indicated in the dispute Survey Plan attached herewith.

(b) A declaration that the Defendants are customary tenants of the Plaintiffs family on the said land.

(c) A declaration that the said Defendants have forfeited the Customary Right …