JOHN INYANG OKORO, JSC (Delivering the Leading Judgement): This appeal is against the concurrent findings of the two lower courts where the Court of Appeal, Benin Division, on 12/6/2002 affirmed the judgment of the trial court that the Respondents have established a better title to the vast area of land stretching from Igbaradi to Oroboro, off Aratundin road, Ondo State over the Appellants. Thus, entitled to declaration of title.
The facts of the case which have now given birth to this appeal are that in 1976, the Original 5th Defendant, Nizam Farm and Agricultural Produce Limited, acquired about 109.998 hectare being part of the disputed land from the Appellants and proceeded to obtain a Certificate of statutory Right of Occupancy thereof, registered same as No. 40 at page 40 in volume 427 at the Ondo State land registry, Akure. In exercise of its act of ownership, the 5th defendant sought to use the land as security for a loan from the Nigerian Agricultural and Co-operative Bank Lim…