MR. BABAGBEMIGA A.O. OLAIYA V. ENGR. ADETOKUNBO O.A. COKER

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Leading Judgment): The parties in this appeal are descendants of one Phillip Taiwo Coker. The appellant is the great grandson of the said Phillip Taiwo Coker while the Respondent is his grand Son.

During his life time, Phillip Taiwo Coker was seised of 84 acres of land and upon his demise, he was survived by two children namely, Mrs Ayodele Akpata, the grandmother of the appellant and Chief Adeniyi Coker, the father of the Respondent.

By the writ of summon filed in 1997 and amended statement of claim dated 5-2-2007 one Alhaji Lookman Adele Gafaru and five others instituted an action against the Appellant and the Respondent herein as Defendants. In paragraph 47 of the said amended statement of the claimants claimed as follows:-

(1) A declaration that the claimant are owners/holders and persons deemed entitled to the Statutory Right of Occupancy over and in respect of all that piece or parcel of land situate, lying and being at Oke Shash…