SUNDAY OLUSI V. JULIUS OLAITAN OBANIYI (FOR HIMSELF AND ON BEHALF OF OTHER MEMBERS OF APARISU FAMILY OF IKAKUMO AKOLO)

STEPHEN JONAH ADAH, JSC (Delivering the Leading Judgment): This appeal emanates from the decision of the Akure Division of the Court of Appeal in Appeal No: CA/AK/47/2012, delivered on the 23rd day of October, 2017. In its decision, the lower Court dismissed the appeal of the appellant and affirmed the judgment of the trial Court, in Suit No: HIK/22/2006, delivered on the 23rd day of January, 2012, by the trial State High Court, holding at Ikare, Ondo State. The trial Court had entered judgment in favour of the plaintiff and dismissed the counter-claim of the defendant.

The background facts of this case are that the respondent herein as the plaintiff sued the appellant (as defendant) at the trial Court claiming the following reliefs via its Amended Statement of Claim:

a. A Declaration that the Plaintiff’s family is the rightful owner of that piece/parcel of land known as Akanyin land, Ikakumo-Akoko and he is entitled to the customary right of occupancy thereof.
OR
A Declaration that on th…