CORDELIA IFEOMA JOMBO-OFO, JCA (Delivering the Leading Judgment): The plaintiffs at the lower court who are appellants herein are appealing against the judgment of Osun State High Court sitting at Ikire Judicial Division presided over by Hon. Justice J. O. Ogunleye, in suit nos: HRE/9/2009.
The underlay of this case is that sometime between 2004 and 2006 the defendant was seen on the disputed piece or parcel of land lying and situate along Ibadan/Ile-Ife Expressway, Ikire in Irewole Local Government. While the plaintiffs/appellants are laying claim to the parcel of land as their own inheritance by virtue of the partitioning of Gbagboye's land, the defendant/respondent is laying claim to same on the ground that he bought it from Samuratu Ojewunmi one of Gbagboye's children. Believing that the defendant encroached on their land without their authority and permission the appellants on behalf of the Akinropo section of the Gbagboye family sued the defendant. In their Writ of Summons issue…