ALI ABUBAKAR B. GUMEL, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the Owo Division of the High Court of Ondo State delivered on 18th October, 2007 in Suit No. HOW/33/2005, pursuant to a notice of preliminary objection against the competence of the Appellant's suit against the Respondent and the jurisdiction of the Court to entertain it as constituted.
By paragraph 51 of his amended statement of claim, the Appellant as the Plaintiff sought for the following reliefs against the Respondent, as the 4th Defendant, along with 5 other Defendants, including some unknown persons. They are:
(i) A declaration that the Plaintiff is still the person that is entitled to the statutory Right of Occupancy to the piece and/or parcel of land situate, lying and being at Agunka, Owo which is bounded on the eastward by Agunka stream, on the southern side by the old Owo/Akure (Trunk 'A' Road), on the westward side by the Abolodi family land on the Northwest side by (a)…