OKUNOLA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Oyo State High Court holden at Oyo presided over by Okeyode-Adesina J. delivered on 9/7/90 in Suit No. HOY/19/89.
The facts of this case briefly put were as follows:-
The appellants herein as plaintiffs sued the respondents herein as defendants claiming the following reliefs:
i. Declaration that under the Oyo Native Law and Custom, the plaintiffs are direct descendants of Kelebede-Ajele of Elepe Oke Compound, Iseke, Oyo.
ii. Declaration that under the Oyo Native Law and Custom the defendants are direct descendants of one Onifade of Ilogbo Compound, Akeetan, Oyo.
iii. Declaration that, prior to the promulgation of the Land Use Decree 1978, the plaintiffs as the direct descendants of Kelebeda-Ajele are under the Oyo Native Law and Custom, the rightful persons who are entitled to inherit land and property including the family compound/Kaa built by Kelebeda-Ajele (the family ancestor) at Keleb…