OKORO JSC (Delivering the Lead Judgment): This an appeal against the judgment of the Court of Appeal Ilorin, delivered on 20 June 2007, wherein it affirmed the decision of the appellate session of theKwara StateHigh Court. A brief fact of the caseleading to this appealwill suffice.
On 3 July1996, theoriginalplaintiffs,now therespondentsued the original defendants, now the appellants at the Upper Area Court I, Ilorin claiming the followingreliefs:
Adeclaration that the plaintiffs family in Ara village, Kwara State Polytechnics permanent site area, near Ilorin are the customary holders/owners and possessors of all the parcel of land stretching from Ara village to Odogori, having an area of 133.267 hecters - part ofwhich thedefendant hastrespassed upon particularly around GaaAreaIle-Oganga river. A declaration that the sale of many parcels of the said land and allocation of some other parts to people - whose names are yet to beknownto theplaintiffswithoutthe prior consent and approvalof …