MONICA B. DONGBAN-MENSEM, J.C.A. (Delivering the Leading Judgment): The facts of this appeal as presented in the brief of argument of the Respondents are compelling and are adopted with some modification and hereby reproduced in this Judgment for proper appreciation of the issues at stake.
At the trial Respondents were the Claimants while the Appellants were the Defendants. By the Writ of Summons and Statement of Claim dated the 10th day of May, 2005, the Respondents prayed the trial High Court for the grant of the following reliefs:
1. A declaration that the Olaokun family of Papanla, Ilaro having been held to be entitled to Statutory Right of Occupancy over and in respect of all that vast parcel of land, situate, lying and being at Itolu, Ilaro vide judgments of competent Courts of Law, the Defendants have no right to sell, lease or otherwise alienate or deal with the said land without the consent, authority, approval or concurrence of the head and other principal members of the sai…