ALHAJI ALIMI OLAJIRE OBISESAN & ORS V. CHIEF NIYI AKINTOLA & ORS

ALI ABUBAKAR BABANDI GUMEL, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Oyo State High Court in suit No. 1/986/2000 delivered by Abimbola, J. on 3rd February, 2009.

The within named Appellants were the claimants at the Court below.

In a representative action on behalf of themselves and other members of Aperin Obisesan Family they sought for the following reliefs against the 2 sets of Respondents herein, as Defendants. The reliefs were, according to paragraph 73 of the amended statement of claim and survey plan dated 14/01/2003 but filed on 21-01-2003, thus:-

"(i) A declaration of title to a Customary Right of Occupancy over all that large parcel of farmland situate on Araromi-Aperin road in the Osun/Erinpa area of OnaAra Local Government area in the non-urban area Ibadan as shown verged Red on survey plan No. LAY/0003/2000 attached and filed with the statement of claim.

(ii) A declaration that the 1st defendant representing Oyetola family is acc…