MARY UKAEGO PETER-ODILI, J.S.C. (Delivering the Leading Judgment): This is an Appeal by the Appellants against the Judgment of the Court of Appeal sitting in Ibadan made on the 8th day of March, 1994 in which the Judgment of the High Court Ogbomosho was affirmed.
The Appellants (as Plaintiffs in the High Court) took out a Writ of Summons against the Defendants/Respondents claiming the following:
1. That prior to the promulgation of the Land Use Decree, the Plaintiffs family had been the original absolute owner under Native Law and Custom of all the vast tracts of land in and around Abogunde homestead (Ahoro Abogunde), part of which the land in dispute, which shall be more properly described and delineated on a survey plan to be filed as soon as possible.
2. That since the entitled promulgation of Land Use Decree, the Plaintiffs are the people entitled to the Statutory Right of Occupancy (to the exclusion of the Defendants) in respect of the land in dispute.
3. That the Plaintiffs are…