ALHAJA MUYIBATU FATOYE V. OLAYIWOLA SUNDAY

MUKHTAR, J.C.A. (Delivering the Leading Judgment): In the High Court of Ogun State, the Appellant instituted an action in a representative capacity for herself and Apena Fatoye family against the Defendant for the following reliefs as per the Writ of Summons.

1. A declaration that the Plaintiff's family is entitled to a Statutory Right of Occupancy over a piece or parcel of land situate, lying and being at Apena Fatoye compound, Igbein, Abeokuta, Ogun State of Nigeria.

2. An injunction restraining the Defendant, his agents, servants and privies from carrying out repairs, alterations, renovations or any works on the house on the land in dispute.

Annual Rental Value of the land is about N10.00.

Parties exchanged pleadings. The case of the Appellant as per the amended statement of claim is that the land in dispute forms part of a larger area of land originally settled by Ogungbona who migrated with his son Somade to Abeokuta from Igbein. Ogungbona built a house in which he lived with So…