MRS. IYABO OLASUPO MR. OLAIYAAKINTOYE MR. THOMPSON AKINMOLAYAN (SUBSTITUTED BY ORDER OF COURT MADE ON 1 FEBRUARY 2012) V. HENRY MORAKINYO MRS. IYIOLA FADEKE (FOR THEMSELVES AND ON BEHALF OF FASEMITAN LAWANI FAMILY)

JOMBO-OFO JCA (Delivering the Lead Judgment): By a writ of summons and statement of claim filed on 22 November 2002 by the plaintiffs (hereinafter the respondents), they commenced an action against the defendants (hereinafter the appellants) before the High Court of Ondo State, sitting at the Ore judicial division, claiming the following reliefs:

“1. A declaration that the plaintiffs are the persons entitled to the Customary Right of Occupancy over the farmland/enclave situate, lying and being at Lawani Enclave at Onishere/Owena Forest Reserve Area OA4 in Odigbo Local Government, Ondo State, more particularly described and demarcated in SurveyPlan No. B.W.A./OD/2S6/2001, dated 26 April 2001, prepared by Bola Akinwale, Licenced Surveyor and approved by the Surveyor General of Ondo State on 18 December 2001. Boundaries of the farmland are:- On the first side by Owena River. On the second side by Ondo State Government Forest Reserve. On the third side by Ondo State Government Forest Re…