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GUMEL JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Oyo State delivered on 16 February 2009 in suit No. 1/780/97. The 1st and 2nd respondents herein were the plaintiffs at the High Court, while the appellant herein was the 1st defendant along with two other defendants. The 1st and 2nd respondents sued in a representative capacity for themselves and on behalf of Oladokun Anlamole family. The 3rd respondent herein was the 3rd plaintiff at the lower court (High Court of Oyo State). In the course of the proceedings, more persons were joined to the action as defendants; making a total of 8 defendants.
In a further amended statement of claim dated 19 January 2004, but filed on 22 January 2004 (now contained at pages 276 to 280 of the records of appeal) the 1st and 2nd respondents, as plaintiffs claimed as follows:
1. A declaration that the plaintiffs are entitled to a statutory right of occupancy in respect of the land situate, lying and bei…