ALHAJI LAMIDI DAODU OLOWOSAGO V. ALHAJI AMUDA I. ADEBANJO

A. G. KARIBI-WHYTE, JSC (Delivering the Leading Judgment): On the 4th July, 1988, I summarily allowed the appeal of the appellants and indicated that the reasons for so doing will be given today. I proceed hereunder to give the reasons.

This is an appeal against the judgment of the Court of Appeal Division, sitting in Lagos. On the 2nd October, 1985, in a unanimous judgment read by Kolawole JCA, with which Ademola JCA, and Nnaemeka-Agu JCA (as he then was, but now JSC) concurred, the court set aside the judgment of Desalu, J. of the High Court of Lagos State, sitting at Ikeja and dismissing the claim of the Plaintiffs/Appellants for

"1. A declaration that the Plaintiffs are entitled to the Statutory right of occupancy OR in the alternative a customary right of occupancy in respect of all piece OR parcel of land situate along Lagos Ikorodu Road, Ikorodu Lagos State which land is now particularly shown and delineated by becon No. WN 2722 and WN 2723 respectively same marked RED in plan …