TOBI, J.C.A., (Delivering the Leading Judgment): This matter moved through two hands. One is Ayorinde, J. (as he then was). The other is Adeniji, J. Ayorinde, J.(as he then was) set the ball rolling. Adeniji, J. completed the matter by his ruling of 27th July, 1988.
The facts of the case are not only tedious but complicated and long the journey of the case more so. Let me try to summarise the facts. The parties to this appeal, with the exception of the 9th defendant/respondent, are members of the Iba Community. The 1st defendant is the Oba of Iba Community.
In 1974, a parcel of the Iba Community land was compulsorily acquired by the Federal Military Government for the purpose of the Ojo Military Cantonment. Compensation of N9,064,986.00 was paid to the solicitor. He is the 9th defendant/respondent. The 9th defendant/respondent, after deducting his professional fees, paid the balance to the 1st to 8th defendants/respondents.
The plaintiffs/appellants, who claim that part of their land …