MARY UKAEGO PETER-ODILI, JSC (Delivering the Leading Judgment): The Appellants as Plaintiffs at the Customary Court, Ogun State claimed against the Respondents as Defendants the following:-
(a) Declaration of title to the piece of land situate, lying and being at Igbo Eleidi between Osuke and Ijaba Roads Ota.
(b) An order of Injunction to restrain the Defendants, their servants, agents or privies from entering, alienating or doing anything on the land in dispute, Annual rental value of the land is ₦100.00 (One Hundred Naira).
The case of the Plaintiffs in the Customary Court was that their family is the owner of the land in dispute and the Defendant were their customary tenants on the land in dispute. The Defendants on their part claimed that the land belonged to their ancestor from time immemorial and denied being customary tenants of the Plaintiffs.
At the end of the proceedings, the Customary Court delivered a majority judgment dismissing the Plaintiffs' case and the Plaintiffs dissati…