ADAMU JAURO, JSC (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal, Abuja Division which allowed the 1st Respondent's appeal and set aside the judgment of the High Court of Justice, Kogi State which had earlier dismissed the 1st Respondent's claim and granted the Appellant's counterclaim.
SUMMARY OF FACTS
The suit that originated the present appeal was commenced at the High Court of Justice, Kogi State, by the 1st Respondent as Plaintiff, the 2nd Respondent was sued as the 1st Defendant and the Appellant was the 2nd Defendant. It should be noted that all the parties at the trial court have died and each of them has been substituted with new persons.
The 1st Respondent's family were the caretakers of Okpe Adige land and they were to pay tributes to the 2nd Respondent being the Attah of Igala. The Appellant is the Onu Okpe Adige. The 1st Respondent's family used to pay tributes to the Appellant who would in turn hand over same to the beaded Oche…