MR. DANIEL OMOLAYO OLADUGBAGBE V. MR. FRANCIS CHUKWUMANJO OBI ORS

FOLASADE AYODEJI OJO J.C.A.(Delivering the Leading Judgment): The instant appeal is against the judgment of the Ogun State High Court, Ota Judicial Division delivered on 29th February, 2016 in Suit No. HCT/186/2009.

By a Writ of Summons filed on the 10th of July, 2009 and a Statement of Claim filed on the same date, the 2nd Respondent as Claimant instituted an action against one Mr. Sanyaolu, Mr Goodluck Evugbanu and Mr. Anthony Obi whose name was changed to Francis Chukwumanjo Obi pursuant to an order of Court.

In the Statement of Claim, the 2nd Respondent sought the following reliefs:

(a) A declaration that the Claimant is the family entitled to the customary or statutory right of occupancy in respect of the piece or parcels of land known as plots 6, Abiodun Abdullahi Close, Ojo Summonu Village, Ogun State, Plots 32, 34, 36 and 38 Akute Road, Ojo Summonu Village, Ogun State

​(b) An order of perpetual injunction restraining the defendants, their agents, servants and privies from committi…