A. B. WALI, J.S.C. (Delivering the Leading Judgment): The plaintiffs, in a representative capacity for and on behalf of themselves and e Family of Imeko filed the present suit against the defendant in the defunct High Court of Western Nigeria, Abeokuta Judicial Division (now Ogun State) claiming for
"1. Declaration of title to a piece or parcel of land situate lying and being at Imeko Egbado Division, Ogun State.
2. An injunction to restrain the defendant, his privies, agents and servants from interfering or disturbing the plaintiffs on the land in dispute."
The claims were denied by the defendant. Pleadings were ordered, filed and exchanged and issues joined. At the end of the trial in the High Court the plaintiffs' case was dismissed; and aggrieved by the decision, they lodged an appeal against it in the Court of Appeal, Ibadan Division. In the Court of Appeal, the appeal was allowed with a direction that the case be retried by another judge of Ogun State High Court, with liberty t…