MR. JOEL OLAYINKA SALAJA V. CHIEF SAMUEL BABATUNDE OSUPORU SALAJA & ORS

SOTONYE DENTON WEST, J.C.A. (Delivering The Leading Judgment): This is an appeal against the judgment of A. O. Adebusoye J, of the High Court of Ondo State delivered at Owo on Tuesday the 31st day of March, 2009.

The Appellant as plaintiff at the Lower Court instituted this action via Writ of summons and Statement of Claim praying the Court for the following reliefs:

1. A declaration that the plaintiff's father was the valid holder of the tile (both possessory and proprietary customary right) over the building situates, lying and being at No. 26, Oke-Ogun Street, Owo, the subject matter of this suit.

2. A declaration that the 1st defendant is not entitled to the use, occupy, convert, converge, assemble and/or hold any meeting in any way or manner whatsoever contrary to the plaintiff's occupation and right to the property situate, lying and being at No. 26 Oke-Ogun Street, Owo, the subject matter of this suit.

3. A declaration that the plaintiff's father's property situate lying and …