MODUPE FASANMI, J.C.A.(Delivering the Leading Judgment): This is an appeal against the ruling of the Ogun State High Court of Justice delivered on 5th of August, 2009 and the Judgment in the substantive suit delivered on the 11th of August, 2009 in suit No HCT/326/2004 respectively.
Briefly the Appellants were the Defendants at the lower Court while the Respondent was the Plaintiff/Claimant. The Respondent for himself and on behalf of the Odimikan family of Ilamuro Igbessa was substituted for the original Plaintiff by the order of Court granted on 6/5/2014. By his Amended Statement of Claim dated 18/1/2007 and filed the same day, the Respondents claim against the Appellants jointly and severally is for:
"(i) A declaration that the plaintiff is the person entitled to the grant of customary right of occupancy in respect of the piece of land situated at Ijoko-Petedo Igbesa, Ado-Odo/Otta Local Government Area of Ogun State which said land is more described and delineated and verged green an…