FATIMAT ADEWUYI OLUKANDI & YEKEEN ADEWUYI OLUKANDI V. . LATEEF ALOBA , ALHAJI R.A. ALOBA & NUSIRAT ALOBA

HARUNA SIMON TSAMMANI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Oyo State High Court sitting in Ibadan, delivered by E. Esan, J on the 8th day of February, 2010 in Suit No: HC/1/218/2002.

By a Writ of Summons and Amended Statement of Claim dated and filed on the 15/6/2004, the Appellants who were the Plaintiffs sought the following reliefs:-

1. A declaration that the Plaintiffs are entitled to Customary Right of Occupancy in respect of all that parcel of land situate, lying and being at Olukandi Village, Off Idi-Oro Elewa Road, Ibadan, Ibadan Judicial of Oyo State, more particularly the (2 Acres of land) mapped out in between and they are entitled to the Certificate of Occupancy.

2. For an Injunction restraining the Defendants, their servants, and/or agents from entering upon the said land and/or from committing further acts of trespass thereon.

The Plaintiffs/Appellants' claim in the trial Court was that their ancestor, one Adeyemi Otikangbe…