ONNOGHEN, J.C.A. (Delivering the Leading Judgment): The facts of the case are that, the appellant instituted Suit No. KWS/174/91 in the High Court of Kwara State holden at Ilorin claiming for:
1. AN ORDER for partition of the entire Elegi Aro Family Land at Abayomi Area, Ilorin amongst the entitled Elegi's children namely:
(a) Rufai Elegi Aro;
(b) Momodu Elegi Aro; and
(d) Jinadu Elegi Aro.
2. A declaration that the plaintiff's branch is entitled to one third of the entire Elegi Aro family land.
3. AN ORDER of perpetual injunction restraining other members of Elegi Aro family, their agents or privies or anybody whatsoever from further disturbing or intermeddling with the plaintiffs use and enjoyment of any allotted portion of the Elegi's family land.
In his statement of claim the appellant pleaded that the parties in this case are direct descendants of one Elegi Aro, a native of Ilorin and founder of Elegi Aro family. That he is a grandchild of Elegi Aro from Momodu Elegi Aro branch …