Cookie Policy
S. KAWU, JSC (Delivering the Leading Judgment): This is a further appeal by the plaintiffs in this case against the dismissal, by the Court of Appeal, Kaduna Division, of their appeal against the decision of Orilonise, J. sitting in an Omu-Aran High Court. In the High Court, the appellants, as plaintiffs had instituted an action against the respondents, claiming in paragraph 29 of their amended Statement of Claim, as follows:
"(i) A declaration that the Plaintiffs being occupiers and holders of the piece and parcel of land situate and lying at Atankoro Area, Esie measuring about 500 hectares under customary Rights are persons deemed to be holders or occupiers to whom a customary right of occupancy had been entitled to be issued with customary rights of occupancy on the land upon application.
(ii) That issuance of customary and statutory right of occupancy C of O No. 6322 in favour of 2nd defendant by the 4th and 5th defendants in and over the said land is vitiated by irregularities ab…