ALHAJI JIMOH ODUTOLA V. CALEB SANYA & ORS

JOHN AFOLABI FABIYI, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment delivered by Hon. Justice M. O. Ojo while sitting at the High Court of Justice, Ijebu-Ode, Ogun State of Nigeria on 27th November, 2002. The learned trial judge found in favour of the defendants, herein referred to as respondents, and dismissed the case of the plaintiff who is the appellant herein.

It is desirable at this point to recapitulate, albeit, briefly the facts, as assembled at the trial court, which led to this appeal.

The claims of the plaintiff as contained in his 1st Further Amended Statement of Claim at page 66 of the transcript record of appeal read as follows:-

"1. Declaration that the plaintiff is entitled to the Customary Right of the Certificate of Occupancy in respect of the piece or parcel of farm land situate, lying and being at Odo-Isielu via Idowa, shown on Plan No. FF080/09/96.

2. An order of forfeiture against the defendants in respect of the piece or parcel …