ALHAJI ABDUL-SALAMI TENIOLA & ORS. V. ALHAJI MUSTAPHA OLOHUNKUN

E. O. AYOOLA, J.S.C (Delivering the Leading Judgment): To put the issues in this appeal in their proper perspective, the events that led to the appeal need to be briefly stated. The respondent, who was plaintiff in the High Court and is so referred to in this judgment, was at all material times a petrol dealer and the proprietor of a fuel station situate at Oke-Oya in Kwara State. The appellants, who were defendant in the High court and are so referred to in this judgment, were at all material times farmers resident at Oke-Oya. Sometimes in 1959, the plaintiff, is desirous of building a petrol station and believing that he had purchased a parcel of land for that purpose from the owners, applied for and obtained a certificate of customary land Tenure over the land from the Emir of Ilorin. Alhaji Sulu Gambari. Thereafter, he applied to the government of the then Northern Region of Nigeria for and obtained a grant of right of occupancy and was issued a certificate of occupancy dated Marc…