HRM OBA AKANNI WASIU OGUNGBAYI & 3 ORS V. KASALI AFUWAPE & 2 ORS

FADAWU UMARU, JCA (DELIVERING THE LEAD JUDGEMENT): This is an appeal against the judgment of the Ogun State High Court, Abeokuta Judicial Division, Per O.S. Olusanya J. (herein referred to as “the trial Court) in Suit No. HCT/159/2013 delivered on the 31st day of May, 2016. 

The Appellants instituted this action against the Respondents through a writ of summons at the trial Court and sought the following reliefs:

“i. A declaration that the Claimants' family are entitle to statutory/customary right of occupancy over all the land at Owode Ota (Owode Tetiku), Onihale, Agoro and Ogungbade Village's in Ado-Odo/Ota Local Government Area and Ifo Local Government Area of Ogun State. In accordance with the native Court Judgment of the Native Court of Abeokuta dated 10th June, 1914, and the Judgment of the Native Court Ifo "B" Egba land dated 15th day of November,1956.

ii. That all the Judgment obtain by the Odunbaku family of Owode Ota (Owode Tetiku) be reverted back to the Claimants’ family.

i…