ALFA DAUDA OLUKADE & ORS V. ALIMI KELANI & ORS

JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment): The appeal is from a judgment of a High Court sitting in Abeokuta, Ogun State (the court below), over a lawsuit respecting disputed parcel of land situate at Egudu Farm Igbesa in which the court below decreed customary right of occupancy over the disputed land in favour of the respondents together with orders that the appellants should pay all the arrears of customary tribute (Ishakole) at the rate of N10.00 per annum per each appellant with effect from 1.1.1980 to 13.5.1996, forfeiture of the customary tenancy granted to the appellants through their ancestors and repossession of the disputed land by the respondents, and a permanent injunction restraining the appellants' re-entry into the disputed parcel of land.

In summary, the respondents' case as plaintiffs at the court below was that their progenitor, one Ose or Osee, who was a hunter and farmer migrated from Ile-Ife to found the disputed parcel of land as its first…