MOJEED ADEKUNLE OWOADE, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of Abdulrasaq Abdulkareem J. of the High Court of Osun State sitting in Osogbo in the Osogbo Judicial Division delivered on 12-06-2006.
The Respondents as Plaintiffs took out a writ of summons dated 24-1-2003 against the Appellant/defendant counter claimant.
The relevant pleadings in the court below are the Plaintiffs/Respondents Amended Statement of Claim of 18-2-2004, the Statement of Defence and Counter-claim of 20-10-2005 and the Reply to Defendant's Statement of Defence and Defence to Counter-Claim of 30-11-2005.
By paragraph 22 of the Amended Statement of claim, the Respondents as Plaintiffs claim as follows:
(1) Declaration that the Plaintiffs are entitled to Statutory Right of Occupancy in respect of the portion of Ayanlowo family land now in dispute situate, lying and being at Oke-Osun, Osogbo and bounded on all sides by Ayanlowo family land.
(2) Declaration that the Defendant…