AMINA ADAMU AUGIE, J.C.A. (Delivering the Leading Judgment): In the Writ of Summons filed at the Sagamu High Court of Ogun State on the 19th September 1984, the Respondents as Plaintiffs for themselves and on behalf of the Ofifi Family of Isokun Ilishan claimed inter alia that "they are entitled to Right of Occupancy on a piece or parcel of land situate, lying and being at Ilishan, Remo, Ogun State", and in paragraph 5 and 6 of their original Statement of Claim dated 6th December 1984, they averred as follows -
5. The Plaintiffs state that the land in dispute is situate, lying and being at Ilishan Ikenne Road, Ilishan Remo, Ogun State and is edged GREEN in Plan No. OGE 343A/78 and attached to this Statement of Claim".
6. The Plaintiffs state that the whole area edged RED in the said plan belonged originally to one Ofifi who came from I1e-Ife to settle on the land very many years ago.
They further averred as follows in paragraph 40 of the Statement of claim -
"WHEREOF the Plaintiffs c…