CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Ogun State High Court sitting at Ilaro, presided over by M. A. Dipeolu, J on 16th April, 2008. The Respondents as plaintiffs in the lower court by their writ of summons dated 30th April, 1997, filed on 6th May 1997 claimed on behalf of Akinosi and Kuole family of Olaru, Aiyetoro against the Appellants as defendants/counter-claimant for the following reliefs:
"(i) Declaration that the plaintiffs are entitled to the Customary Right of Occupancy of their vast area of farmland along Aiyetoro Abeokuta Road, Egbado North, Ilaro Judicial Division and bounded as follows:
BOTTOM: By Idioro village
RIGHT: By Alala village, Elegba Ada village and land of Keesan Orile people.
LEFT: By land of Fagbire family of Olaru and Obada/Abeokuta road and
TOP: By land of Elebute family and land of Keesan Orile people, the Aiyetoro/Abeokuta motor road passes through the vast area of land.