MR. KUNLE OSISANYA & DELTA CABLE COMPANY LIMITED V. ALHAJI IBRAHIM MOGAJI & ALHAJI IMAM HAROON

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment): The instant appeal is against the judgment of the Kwara State High Court, holden at Ilorin, delivered on May 3, 2018 in Suit No. KWS/166/2015. By the said judgment, the Court below, Coram A. O. Akinpelu, J.; granted the Respondents (Claimants) reliefs as per the claims thereof and awarded Fifty Thousand Naira (N50,000.00) costs against the Appellants (Defendants).

BACKGROUND FACTS

On June 8, 2015, the Respondents instituted the said suit in the Court below against the Appellants vide a Writ of Summons. By the 15 paragraphed Amended Statement of Claim dated April 7, 2016, the Respondents claimed against the Appellants the following reliefs:

i. A DECLARATION that the claimants are the customary owners of the parcel of land situate, lying at Behind Kwara Furniture Limited, Opposite Kwara Chemical Metal Industry Ilorin, Kwara State.

ii. A DECLARATION that the 1st defendant has no power or right whatsoever to extend his s…