MR. THOMPSON IDIARHI V. MR. OKIRIKA EBI IBA POSI & ORS

MOHAMMED AMBI-USI DANJUMA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Customary Court of Appeal, holden at Akure, delivered by Hon. Justice F. O. Agudu Taiwo J., on the 26th day of June, 2014 in Suit No. CCA/9A/2013.

The Plaintiff/Appellant who is respondent herein commenced this action by a civil summon at the Customary Court of Ondo State against the defendants/respondents/appellants claiming for the following reliefs:

1. That the Plaintiff is the person entitled to the Customary Right of Occupancy over that parcel of land lying, situate and being at Agadagba-Obon, Arogbo and bounded: at the front by Agadagba-Obon-Ajagba, on the right side, by Late Chief J. O. Niwaris Land, at the back by Apostle Igbogilos Land and at the left by one uncompleted General Hospital but the Agadagba-Obon-Amapere separates the left and right of the said land belonging to the Plaintiff.

2. A DECLARATION that the entry by the 1st Defendant into the Plaintiffs land …