GENERAL FORMS OF WRIT OF SUMMONS

(FORM 1)
IN THE HIGH COURT OF ONDO STATE OF NIGERIA
IN THE IDANRE JUDICIAL DIVISION
HOLDEN AT IDANRE
SUIT NO.: ____________________
BETWEEN
ENGR AKINROLUYO
Suing for himself and on behalf of the entire members ______CLAIMANT
of the family of LATE PA JULIUS AKINROLUYO
AND
1.CHIEF OLATUBOSUN MILLER AJAYI
2.MR. BANJO FASUA _______________ DEFENDANTS
3.MR. JOHN OKOYE
4.MR. GABRIEL OBEY
All of Akure, Ondo State.
You are hereby commanded that within 7 (Seven) days after the service of this writ on
you, inclusive of the day of such service, you do cause an appearance to be entered for
you in an action at the suit of the Claimants who live at _______________________, Ondo
State, Nigeria and take notice that in default of you so doing, the Claimant may proceed
therein and judgment may be given in your absence.
DATED this ____________ day of _______________________ 2023
By order of the court ………………………………………………………………………...
Fees Paid
Summons …………………………………….
Service ………………………………………..
Mileage ……………………………………….
Transport ……………………………………..
Other ………………………………………….
Total …………………………………………..
……………………..……………
Registrar
N.B. This writ is to be served within Six calendar months from the date thereof, or, if
renewed, within three calendar months from the date of renewal including the day of such
date, and not afterwards.
The defendant(s) may enter appearance personally or by a legal practitioner either by
handling in the appropriate forms, duly completed at the Registry of the High Court of the
Judicial Division in which the action is brought or by sending them to the Registrar by
registered post.
INDORSEMENT
The Claimant claims against the Defendants jointly and severally as follows:
a. A DECLARATION that the family of LATE PA JULIUS AKINROLUYO (as
represented by the Claimant) of Aponmu-Lona, Idanre are the joint legal and
beneficial owners and the persons jointly entitled to Customary Right of Occupancy in
respect of parcels of land known as cocoa farmland situate, lying and being at
Aponmu-Lona, under Alade Town, Idanre, Idanre Local Government Area,
Ondo State, Nigeria measuring approximately an area of 3 1/3 Acres and
bounded at the 1st Side by Rufus Akinrin’s farmland, at the 2 nd Side by His
Highness Oba Akinboro’s farmland, at the 3 rd Side by Mr. James Akinuli’s
farmland and at the 4th Side by Mr. Williams Eniola’s cocoa plantation.
b. AN ORDER of the Honourable Court setting aside any purported lease, sale, transfer or
any other form of alienation of the said parcel of land/cocoa farmland by the
Defendants to a third party or any person whosever and declaring such purported lease,
transfer or any form of alienation of the said parcel of land/cocoa farmland as null, void
and of no effect.
c. The sum of N100 million (One Hundred Million Naira Only) being general damages
for trespass committed and still being committed by the Defendants on the said parcel
of land/cocoa farmland.
d. A perpetual injunction restraining the Defendants either by themselves, their agents,
privies, assigns or anybody whomsoever claiming title through them from committing
further acts of trespass on the said parcels of land/cocoa farmland
DATED this _____________ day of ___________________2023
_____________________
O. S. Akintububo Esq.
Claimant’s Counsel,
Legal Komfort Associates,
Office 3, 2nd Floor, Emilia Olarimike Complex,
99B, Hospital Road, Akure
08030721502; 08080718977
For Service On:
1. CHIEF OLATUBOSUN MILLER AJAYI (1st Defendant)
2. MR. BANJO FASUA (2nd Defendant)
3. MR. JOHN OKOYE (3rd Defendant)
4. MR. GABRIEL OBEY (4thDefendant)
All of Akure, Ondo State.
This writ was issue by _____________O. S. Akintububo Esq. Claimant’s Counsel whose
address for service is Legal Komfort Associates, Office 3, 2 nd Floor, Emilia Olarimike
Complex, No. 99B, Hospital Road, Akure, Ondo State.
Endorsement be made on copy of writ forthwith after service
This writ was served by me at …………………………………………………
On the Defendant (here insert mode of service) on the ……….. day of …………………………..
2023
Endorsed on the ………………….. day of ………………………….. 2023
Signed ……………….. Address …………………………………………………………………………………..
 IN THE HIGH COURT OF ONDO STATE OF NIGERIA
IN THE IDANRE JUDICIAL DIVISION
HOLDEN AT IDANRE
SUIT NO.: ____________________
BETWEEN
ENGR AKINROLUYO
Suing for himself and on behalf of the entire members ______CLAIMANT
of the family of LATE PA JULIUS AKINROLUYO
AND
1.CHIEF OLATUBOSUN MILLER AJAYI
2.MR. BANJO FASU _______________ DEFENDANTS
3.MR. JOHN OKOYE
4.MR. GABRIEL OBEY
CLAIMANTS’ STATEMENT OF CLAIM
1.The Claimant who is an engineer by profession and who lives at No. ______________,
Akure is one of the biological children of Late Pa. Julius Akinroluyo.
2.The Claimant is also the head of the family of Late Pa. Julius Akinroluyo by virtue of
which he instituted this suit in representative capacity on behalf of the entire members
of the family of Late Pa. Julius Akinroluyo having sought and obtained the consent of
the family to do so.
3.The Claimants aver that the 1st and 2nd Defendants are Akure indigenes while the 3 rd and
4th Defendants are agents of the 1st and 2nd Defendants and they are all land speculators
as well as land grabbers and are in the habit of tormenting vulnerable people by
snatching their lands.
4.The Claimants aver that there are two distinct Aponmus known as Aponmu-Lona, Idanre
in Idanre Local Government Area of Ondo State and Aponmu Akure in Akure South
Local Government Area of Ondo State respectively.
5.The Claimant avers that one Chief Joseph Lona Bajulaye was the person who founded
Aponmu-Lona, Idanre Community several years ago.
6.The Claimant avers that the said Chief Joseph Lona Bajulaye was the first settler in a
thick virgin forest (which has now metamorphosed to the present Aponmu-Lona,
Idanre) as he deforested it and used same for agricultural activities.
7.The Claimants aver that the said Late Chief Joseph Lona Bajulaye settled down at
Aponmu Lona, Idanre with his family and he also invited some of his relatives and
friends which include Late Pa. Daodu Akinnadeju, Late Oba Philip Akinboro of Alade-
Idanre and Late Pa. Julius Akinroluyo, the father of the Claimant to join him in his new
settlement.
8.The Claimant avers that upon the arrival of his father, Late Pa. Julius Akinroluyo, the
Late Chief Joseph Lona Bajulaye gave him a large expanse of land which forms part of
the land he deforested as a first settler and the gift was made in the presence of Late
Pa. Daodu Akinnadeju, Late Oba Philip Akinboro of Alade-Idanre and other relatives
after which he handed over the land to his father physically in the presence of the
people mentioned above.
9.The Claimant avers that in similar vein, Late Chief Joseph Lona Bajulaye gave Late Oba
Philip Akinboro of Alade-Idanre another large expanse of land which forms part of the
land he deforested as a first settler and the gift was made in the presence of the
Claimant’s father, Chief Daodu Akinnadeju and other relatives after which he handed
over the land to Late Oba Philip Akinboro of Alade-Idanre physically in the presence of
the people mentioned above.
10.The Claimant avers that upon taking possession of the cocoa farmland, his father i.e.
Late Pa. Julius Akinroluyo and Late Oba Philip Akinboro of Alade-Idanre immediately
started using their respective parcels of land to cultivate cocoa plantations as far back
as 1920s.
11.The Claimant avers that his father i.e. Late Pa. Julius Akinroluyo and Late Oba Philip
Akinboro of Alade-Idanre had been on their respective parcels of land at Aponmu Lona,
Idanre using same for agricultural purposes, particularly cocoa plantations without any
person whosoever disturbing their peaceable possession thereon.
12.The Claimant avers that in 1966, Late Oba Philip Akinboro of Alade-Idanre sold part of
his cocoa farmland to his father i.e. Late Pa. Julius Akinroluyo in consideration of the
sum of 145 pounds and a document evidencing the sale titled “AGREEMENT FOR
SALE OF COCOA FARMLAND” dated 15th day of September, 1966 was executed by
both of them in the presence of witnesses. The Claimant specifically pleads the
document evidencing the sale titled “AGREEMENT FOR SALE OF COCOA
FARMLAND” dated 15th day of September, 1966 and shall rely on same during
the trial.
13. The Claimant avers that since 15th day of September, 1966 his father i.e. Late Pa. Julius
Akinroluyo became the legal and beneficial owner and person entitled to Customary
Right of Occupancy in respect of all that parcels of land known as cocoa farmland
situate, lying and being at Aponmu-Lona, under Alade Town, Idanre, Idanre
Local Government Area, Ondo State, Nigeria measuring approximately an
area of 3 1/3 Acres and bounded at the 1 st Side by Rufus Akinrin’s farmland,
at the 2nd Side by His Highness Oba Akinboro’s farmland, at the 3rd Side by Mr.
James Akinuli’s farmland and at the 4th Side by Mr. Williams Eniola’s cocoa
plantation having purchased same bonafide from Late Oba Philip Akinboro.
14.The Claimant avers that since 1966 his father has been in exclusive possession of the
said cocoa farmland sold to him by Oba Philip Akinboro, the subject matter of this suit
without any person whosever challenging his title thereon and he used the said cocoa
farmland as the exclusive owner until his death in 1996.
15.The Claimant avers that he and his siblings who are other children of his father i.e. Late
Pa. Julius Akinroluyo grew up to know their father as the owner of the cocoa farmland
as they assisted him in working on the said cocoa farmland even as proceeds accruing
therefrom were used by their father to sponsor them (his children) in school.
16.The Claimant avers that upon the death of his father, Late Pa. Julius Akinroluyo in 1996,
his entire properties and estate which include the parcels of land/cocoa farmland which
he purchased from Oba Philip Akinboro on the 15 th day of September, 1966 devolved on
his surviving children as joint family property in accordance with Idanre custom and
tradition of inheritance.
17.The Claimant avers that the parcels of land in dispute is situate, lying and being at
Aponmu Lona under Alade, Idanre in Idanre Local Government Area of Ondo State and
not in Aponmu Akure.
18.The Claimant avers that on the 3rd day of May, 2021, the Defendants forcefully entered
the parcels of land/cocoa farmland in dispute and committed several acts of trespass on
the parcels of land which include but not limited to bulldozing part of it which prompted
the Claimant to write a petition to the Assistant Inspector General of Police, Zone 17,
Akure against the Defendants for forcible entry and other criminal allegations. The
Claimant specifically pleads the petition addressed to the Assistant Inspector
General of Police, Zone 17, Akure dated 7th May, 2021 and shall rely on same
during the trial.
19.The Claimant avers that sometimes between the period of December, 2022 and
January, 2023, the Defendants led some strangers to the parcels of land in dispute and
claimed to have purportedly sold the said parcels of land/cocoa farmland to the
strangers after which the Defendants in active connivance with the purported buyers
brought a bulldozer to level the entire parcels of land and cocoa plantation as they
completely damaged the said farmland even as they destroyed several agricultural cash
crops worth over N100 Million (One Hundred Million Naira Only) on the said parcels of
land/cocoa farmland.
20.The Claimant avers that the Defendants claimed albeit falsely and erroneously that the
parcels of land/cocoa farmland in dispute is an Akure land hence the reason for selling it
to a third party.
21.The Claimant avers that Aponmu Lona since it was founded by Late Chief Joseph Lona
Bajulaiye has been part and parcel of Idanre land and has never been part of Akure
land.
22.The Claimant avers that, and by virtue of the Instrument Establishing the Idanre District
Council, i.e. the Western Region Local Government Law 1952, as amended by the
Western Nigeria Local Government Law Cap 68 of 17 th June 1961, and the States
(Creation and Transitional Provisions) Decree No 41 of 1991, Aponmu Lona and Olokuta
communities have historically, traditionally and customarily been an integral part of
Idanre Community. The Claimant specifically pleads the above stated
instruments and same shall be relied on during the trial
23.The Claimants aver that Idanre was formerly part of the defunct Idanre/Ifedore Local
Government Area which was created in 1976 and Aponmu Lona was part of
Alade/Atosin Ward as contained in the Local Government Edict, 1976. The Claimant
specifically pleads the Local Government Edict, 1976 and shall rely on same
during the trial.
24.The Claimant avers that the Federal Government Official Gazette Number 51, Lagos –
11th November, 1992, Volume 79 (Xtra – Ordinary Notice) Number 83 which shows the
Delimitation of Local Government Electoral Wards/Constituency listed Aponmu Lona,
Idanre as part of Owena/Aponmu Lona Ward of Idanre Local Government Area of Ondo
State. The Claimant specifically pleads the Federal Government Official
Gazette and same shall be relied on during the trial.
25.The Claimant avers that similarly, the Independent National Electoral Commission’s
document titled “A DIRECTORY OF POLLING UNITS, 2015” listed Aponmu Lona Idanre
as part of Owena/Aponmulona Ward Idanre Local Government Area of Ondo State. The
Claimant specifically pleads extract of the Independent National Electoral
Commission’s document titled “A DIRECTORY OF POLLING UNITS, 2015” and
same shall be relied on during the trial.
26.The Claimants aver that Late Chief Joseph Lona Bajulaye was the first Olu i.e. traditional
ruler of Aponmu Lona hence the naming of the community as Aponmu Lona after him.
27.The Claimant avers that after the death of Late Chief Joseph Lona Bajulaye he was
succeeded by his son Chief Cornelius Akinlose Bajulaye as the Olu of Aponmu Lona.
28.The Claimant avers that during the reign of Late Chief Cornelius Akinlose Bajulaye as
the Olu of Aponmu Lona, Idanre some Akure people made attempts to infiltrate the
population of Aponmu Lona, Idanre with the surreptitious motive of taking over the land
but this move was seriously rejected by the Aponmu Lona, Idanre people as they wrote
a very strong petition to the then Governor of Ondo State on March 22, 1982. Copy of
the petition is specifically pleaded and shall be relied on during the trial by
the Claimant.
29.The Claimant avers that the present Olu of Aponmu Lona Community in Idanre Local
Government Area of Ondo State is Chief Babatola Adeyemi Bajulaye is the 6 th Olu of
 Aponmu Lona and the direct son of Chief Cornelius Akinlose Bajulaye and also the
grandson of Chief Joseph Lona Bajulaye.
30.The Claimant avers that all the past and present Olus of Aponmu Lona, Idanre are all
indigenes of Idanre in Idanre Local Government Area of Ondo State.
31.The Claimant avers that when the government constructed the Akure – Ondo Express
road, it paid compensation to Late Chief Joseph Lona Bajulaye. Document relating to
the issue of compensation is specifically pleaded and same shall be relied on
during the trial by the Claimant.
32.The Claimant avers that the parcels of land/cocoa farmland in dispute are part of
Aponmu Lona Idanre and not part of Akure.
33.WHEREOF the Claimant claims against the Defendants jointly and severally as follows:
a. A DECLARATION that the family of LATE PA JULIUS AKINROLUYO (as
represented by the Claimant) of Aponmu-Lona, Idanre are the joint legal and
beneficial owners and the persons jointly entitled to Customary Right of Occupancy
in respect of parcels of land known as cocoa farmland situate, lying and
being at Aponmu-Lona, under Alade Town, Idanre, Idanre Local
Government Area, Ondo State, Nigeria measuring approximately an area
of 3 1/3 Acres and bounded at the 1 st Side by Rufus Akinrin’s farmland, at
the 2nd Side by His Highness Oba Akinboro’s farmland, at the 3 rd Side by
Mr. James Akinuli’s farmland and at the 4 th Side by Mr. Williams Eniola”s
cocoa plantation.
b. AN ORDER of the Honourable Court setting aside any purported lease, sale, transfer
or any other form of alienation of the said parcel of land/cocoa farmland by the
Defendants to a third party or any person whosever and declaring such purported
lease, transfer or any form of alienation of the said parcel of land/cocoa farmland as
null, void and of no effect.
c. The sum of N100 million (One Hundred Million Naira Only) being general
damages for trespass committed and still being committed by the Defendants on the
said parcel of land/cocoa farmland.
d. A perpetual injunction restraining the Defendants either by themselves, their agents,
privies, assigns or anybody whomsoever claiming title through them from committing
further acts of trespass on the said parcels of land/cocoa farmland.

DATED this _____________ day of ___________________2023

_____________________
O. S. Akintububo Esq.
Claimant’s Counsel,
Legal Komfort Associates,
Office 3, 2nd Floor,
Emilia Olarimike Complex,
99B, Hospital Road, Akure
08030721502; 08080718977
For Service On:
1. CHIEF OLATUBOSUN MILLER AJAYI (1st Defendant)
2. MR. BANJO FASUA (2nd Defendant)
3. MR. JOHN OKOYE (3rd Defendant)
4. MR. GABRIEL OBEY (4thDefendant)
All of Akure, Ondo State.
 IN THE HIGH COURT OF ONDO STATE OF NIGERIA
IN THE IDANRE JUDICIAL DIVISION
HOLDEN AT IDANRE
SUIT NO.: ____________________
BETWEEN
ENGR AKINROLUYO
Suing for himself and on behalf of the entire members ______CLAIMANT
of the family of LATE PA JULIUS AKINROLUYO
AND
1.CHIEF OLATUBOSUN MILLER AJAYI
2.MR. BANJO FASU _______________ DEFENDANTS
3.MR. JOHN OKOYE
4.MR. GABRIEL OBEY
LIST OF WITNESSES
1. ENGR AKINROLUYO (THE CLAIMANT)

2. CHIEF JULIUS OLOWOGBADE

DATED the _______________ day of _____________________2023

_____________________
O. S. Akintububo Esq.
Claimant’s Counsel,
Legal Komfort Associates,
Office 3, 2nd Floor,
Emilia Olarimike Complex,
99B, Hospital Road, Akure
08030721502; 08080718977

For Service On:

1. CHIEF OLATUBOSUN MILLER AJAYI (1st Defendant)
2. MR. BANJO FASUA (2nd Defendant)
3. MR. JOHN OKOYE (3rd Defendant)
4. MR. GABRIEL OBEY (4thDefendant)
All of Akure, Ondo State.
 IN THE HIGH COURT OF ONDO STATE OF NIGERIA
IN THE IDANRE JUDICIAL DIVISION
HOLDEN AT IDANRE
SUIT NO.: ____________________
BETWEEN
ENGR AKINROLUYO
Suing for himself and on behalf of the entire members ______CLAIMANT
of the family of LATE PA JULIUS AKINROLUYO
AND
1.CHIEF OLATUBOSUN MILLER AJAYI
2.MR. BANJO FASU _______________ DEFENDANTS
3.MR. JOHN OKOYE
4.MR. GABRIEL OBEY
LIST OF DOCUMENTS TO BE RELIED ON BY THE CLAIMANT DURING THE TRIAL

1. Document evidencing the sale titled “AGREEMENT FOR SALE OF COCOA FARMLAND”
dated 15th day of September, 1966.
2. The Instrument Establishing the Idanre District Council, i.e. the Western Region Local
Government Law 1952, as amended by the Western Nigeria Local Government Law Cap
68 of 17th June 1961.
3. The States (Creation and Transitional Provisions) Decree No 41 of 1991,The Local
Government Edict, 1976.
4. Federal Government Official Gazette Number 51, Lagos – 11 th November, 1992, Volume
79 (Xtral – Ordinary Notice) Number 83 which shows the Delimitation of Local
Government Electoral Wards/Constituency listed Aponmu Lona, Idanre as part of
Owena/Aponmu Lona Ward of Idanre Local Government Area of Ondo State.
5. Independent National Electoral Commission’s document titled “A DIRECTORY OF
POLLING UNITS, 2015” Petition written by Aponmu Lona people to the then Governor of
Ondo State on March 22, 1982.
6. Document relating to the issue of compensation paid by the government to Late Chief
Joseph Lona Bajulaye in 1974.
DATED the _______________ day of _____________________2023
_____________________
O. S. Akintububo Esq.
Claimant’s Counsel,
Legal Komfort Associates,
Office 3, 2nd Floor,
Emilia Olarimike Complex,
99B, Hospital Road, Akure
08030721502; 08080718977
For Service On:
1. CHIEF OLATUBOSUN MILLER AJAYI (1st Defendant)
2. MR. BANJO FASUA (2nd Defendant)
3. MR. JOHN OKOYE (3rd Defendant)
4. MR. GABRIEL OBEY (4thDefendant)
All of Akure, Ondo State.
 IN THE HIGH COURT OF ONDO STATE OF NIGERIA
IN THE IDANRE JUDICIAL DIVISION
HOLDEN AT IDANRE
SUIT NO.: ____________________
BETWEEN
ENGR AKINROLUYO
Suing for himself and on behalf of the entire members ______CLAIMANT
of the family of LATE PA JULIUS AKINROLUYO
AND
1.CHIEF OLATUBOSUN MILLER AJAYI
2.MR. BANJO FASU _______________ DEFENDANTS
3.MR. JOHN OKOYE
4.MR. GABRIEL OBEY
WRITTEN STATEMENT ON OATH OF ENGR AKINROLUYO (THE CLAIMANT)
I, ENGR AKINROLUYO, traditional ruler, farmer, Christian, Yoruba and a Nigerian citizen of
No. ____________________, Ondo State, Nigeria do solemnly and sincerely declare as
follows:
1. That I am the declarant herein.
2. That I am the Claimant in this suit by virtue of which I am conversant with facts herein
stated.
3. That I am one of the biological children of Late Pa. Julius Akinroluyo.
4. That I am also the head of the family of Late Pa. Julius Akinroluyo by virtue of which I
instituted this suit in representative capacity on behalf of the entire members of the
family of Late Pa. Julius Akinroluyo having sought and obtained the consent of the family
to do so.
5. That the 1st and 2nd Defendants are Akure indigenes while the 3rd and 4th Defendants are
agents of the 1st and 2nd Defendants and they are all land speculators as well as land
grabbers and are in the habit of tormenting vulnerable people by snatching their lands.
6. That there are two distinct Aponmus known as Aponmu-Lona, Idanre in Idanre Local
Government Area of Ondo State and Aponmu Akure in Akure South Local Government
Area of Ondo State respectively.
7. That one Chief Joseph Lona Bajulaye was the person who founded Aponmu-Lona, Idanre
Community several years ago.
8. That the said Chief Joseph Lona Bajulaye was the first settler in a thick virgin forest
(which has now metamorphosed to the present Aponmu-Lona, Idanre) as he deforested
it and used same for agricultural activities.
9. That the said Late Chief Joseph Lona Bajulaye settled down at Aponmu Lona, Idanre
with his family and he also invited some of his relatives and friends which include Late
 Pa. Daodu Akinnadeju, Late Oba Philip Akinboro of Alade-Idanre and Late Pa. Julius
Akinroluyo, my father to join him in his new settlement.
10. That upon the arrival of my father, Late Pa. Julius Akinroluyo, the Late Chief Joseph
Lona Bajulaye gave him a large expanse of land which forms part of the land he
deforested as a first settler and the gift was made in the presence of Late Pa. Daodu
Akinnadeju, Late Oba Philip Akinboro of Alade-Idanre and other relatives after which he
handed over the land to my father physically in the presence of the people mentioned
above.
11. That in similar vein, Late Chief Joseph Lona Bajulaye gave Late Oba Philip Akinboro of
Alade-Idanre another large expanse of land which forms part of the land he deforested
as a first settler and the gift was made in the presence of my father, Chief Daodu
Akinnadeju and other relatives after which he handed over the land to Late Oba Philip
Akinboro of Alade-Idanre physically in the presence of the people mentioned above.
12. That upon taking possession of the cocoa farmland, my father i.e. Late Pa. Julius
Akinroluyo and Late Oba Philip Akinboro of Alade-Idanre immediately started using their
respective parcels of land to cultivate cocoa plantations as far back as 1920s.
13. That my father i.e. Late Pa. Julius Akinroluyo and Late Oba Philip Akinboro of Alade-
Idanre had been on their respective parcels of land at Aponmu Lona, Idanre using same
for agricultural purposes, particularly cocoa plantations without any person whosoever
disturbing their peaceable possession thereon.
14. That in 1966, Late Oba Philip Akinboro of Alade-Idanre sold part of his cocoa farmland to
my father i.e. Late Pa. Julius Akinroluyo in consideration of the sum of 145 pounds and
a document evidencing the sale titled “AGREEMENT FOR SALE OF COCOA
FARMLAND” dated 15th day of September, 1966 was executed by both of them in the
presence of witnesses. I can recognize the document evidencing the sale titled
“AGREEMENT FOR SALE OF COCOA FARMLAND” dated 15 th day of September,
1966.
15. That since 15th day of September, 1966 my father i.e. Late Pa. Julius Akinroluyo became
the legal and beneficial owner and person entitled to Customary Right of Occupancy in
respect of all that parcels of land known as cocoa farmland situate, lying and
being at Aponmu-Lona, under Alade Town, Idanre, Idanre Local Government
Area, Ondo State, Nigeria measuring approximately an area of 3 1/3 Acres
and bounded at the 1st Side by Rufus Akinrin’s farmland, at the 2 nd Side by His
Highness Oba Akinboro’s farmland, at the 3 rd Side by Mr. James Akinuli’s
farmland and at the 4th Side by Mr. Williams Eniola’s cocoa plantation having
purchased same bonafide from Late Oba Philip Akinboro.
16. That since 1966 my father has been in exclusive possession of the said cocoa farmland
sold to him by Oba Philip Akinboro, the subject matter of this suit without any person
 whosever challenging his title thereon and he used the said cocoa farmland as the
exclusive owner until his death in 1996.
17. That I and my siblings who are other children of my father i.e. Late Pa. Julius Akinroluyo
grew up to know our father as the owner of the cocoa farmland as we assisted him in
working on the said cocoa farmland even as proceeds accruing therefrom were used by
our father to sponsor us (his children) in school.
18. That upon the death of my father, Late Pa. Julius Akinroluyo in 1996, his entire
properties and estate which include the parcels of land/cocoa farmland which he
purchased from Oba Philip Akinboro on the 15th day of September, 1966 devolved on his
surviving children as joint family property in accordance with Idanre custom and tradition
of inheritance.
19. That the parcels of land in dispute is situate, lying and being at Aponmu Lona under
Alade, Idanre in Idanre Local Government Area of Ondo State and not in Aponmu Akure.
20. That on the 3rd day of May, 2021, the Defendants forcefully entered the parcels of
land/cocoa farmland in dispute and committed several acts of trespass on the parcels of
land which include but not limited to bulldozing part of it which prompted me to write a
petition to the Assistant Inspector General of Police, Zone 17, Akure against the
Defendants for forcible entry and other criminal allegations. I can recognise the
petition addressed to the Assistant Inspector General of Police, Zone 17,
Akure dated 7th May, 2021.
21. That sometimes between the period of December, 2022 and January, 2023, the
Defendants led some strangers to the parcels of land in dispute and claimed to have
purportedly sold the said parcels of land/cocoa farmland to the strangers after which the
Defendants in active connivance with the purported buyers brought a bulldozer to level
the entire parcels of land and cocoa plantation as they completely damaged the said
farmland even as they destroyed several agricultural cash crops worth over N100 Million
(One Hundred Million Naira Only) on the said parcels of land/cocoa farmland.
22. That that the Defendants claimed albeit falsely and erroneously that the parcels of
land/cocoa farmland in dispute is an Akure land hence the reason for selling it to a third
party.
23. That Aponmu Lona since it was founded by Late Chief Joseph Lona Bajulaiye has been
part and parcel of Idanre land and has never been part of Akure land.
24. That by virtue of the Instrument Establishing the Idanre District Council, i.e. the Western
Region Local Government Law 1952, as amended by the Western Nigeria Local
Government Law Cap 68 of 17 th June 1961, and the States (Creation and Transitional
Provisions) Decree No 41 of 1991, Aponmu Lona and Olokuta communities have
historically, traditionally and customarily been an integral part of Idanre Community. I
can recognize the instruments.
25. That Idanre was formerly part of the defunct Idanre/Ifedore Local Government Area
which was created in 1976 and Aponmu Lona was part of Alade/Atosin Ward as
contained in the Local Government Edict, 1976. I can recognise the Local
Government Edict, 1976.
26. That the Federal Government Official Gazette Number 51, Lagos – 11 th November, 1992,
Volume 79 (Xtra – Ordinary Notice) Number 83 which shows the Delimitation of Local
Government Electoral Wards/Constituency listed Aponmu Lona, Idanre as part of
Owena/Aponmu Lona Ward of Idanre Local Government Area of Ondo State. I can
recognize the Federal Government Official Gazette.
27. That similarly, the Independent National Electoral Commission’s document titled “A
DIRECTORY OF POLLING UNITS, 2015” listed Aponmu Lona Idanre as part of
Owena/Aponmulona Ward Idanre Local Government Area of Ondo State. I can
recognize the extract of the Independent National Electoral Commission’s
document titled “A DIRECTORY OF POLLING UNITS, 2015”.
28. That Late Chief Joseph Lona Bajulaye was the first Olu i.e. traditional ruler of Aponmu
Lona hence the naming of the community as Aponmu Lona after him.
29. That after the death of Late Chief Joseph Lona Bajulaye he was succeeded by his son
Chief Cornelius Akinlose Bajulaye as the Olu of Aponmu Lona.
30. That during the reign of Late Chief Cornelius Akinlose Bajulaye as the Olu of Aponmu
Lona, Idanre some Akure people made attempts to infiltrate the population of Aponmu
Lona, Idanre with the surreptitious motive of taking over the land but this move was
seriously rejected by the Aponmu Lona, Idanre people as they wrote a very strong
petition to the then Governor of Ondo State on March 22, 1982. I can recognize copy
of the petition.
31. That the present Olu of Aponmu Lona Community in Idanre Local Government Area of
Ondo State is Chief Babatola Adeyemi Bajulaye is the 6 th Olu of Aponmu Lona and the
direct son of Chief Cornelius Akinlose Bajulaye and also the grandson of Chief Joseph
Lona Bajulaye.
32. That all the past and present Olus of Aponmu Lona, Idanre are all indigenes of Idanre in
Idanre Local Government Area of Ondo State.
33. That when the government constructed the Akure – Ondo Express road, it paid
compensation to Late Chief Joseph Lona Bajulaye. I can recognize the document
relating to the issue of compensation.
34. That the parcels of land/cocoa farmland in dispute are part of Aponmu Lona Idanre and
not part of Akure.
35. That I claim against the Defendants jointly and severally as follows:

a. A DECLARATION that the family of LATE PA JULIUS AKINROLUYO (as

represented by the Claimant) of Aponmu-Lona, Idanre are the joint legal and
 beneficial owners and the persons jointly entitled to Customary Right of Occupancy in
respect of parcels of land known as cocoa farmland situate, lying and being
at Aponmu-Lona, under Alade Town, Idanre, Idanre Local Government
Area, Ondo State, Nigeria measuring approximately an area of 3 1/3 Acres
and bounded at the 1st Side by Rufus Akinrin’s farmland, at the 2nd Side by
His Highness Oba Akinboro’s farmland, at the 3 rd Side by Mr. James
Akinuli’s farmland and at the 4th Side by Mr. Williams Eniola”s cocoa
plantation.
b. AN ORDER of the Honourable Court setting aside any purported lease, sale, transfer
or any other form of alienation of the said parcel of land/cocoa farmland by the
Defendants to a third party or any person whosever and declaring such purported
lease, transfer or any form of alienation of the said parcel of land/cocoa farmland as
null, void and of no effect.
c. The sum of N100 million (One Hundred Million Naira Only) being general
damages for trespass committed and still being committed by the Defendants on the
said parcel of land/cocoa farmland.
d. A perpetual injunction restraining the Defendants either by themselves, their agents,
privies, assigns or anybody whomsoever claiming title through them from committing
further acts of trespass on the said parcels of land/cocoa farmland

36. That I make this solemn declaration conscientiously believing the same to be true, and
by the virtue of the provisions of the Oaths Law of Ondo State in force.
____________________
DEPONENT
Sworn at the High Court Registry,
Idanre this ______ day of __________________________________ 2023
BEFORE ME

____________________
COMMISSIONER FOR OATHS