BRETT, F.J.:This matter arises out of a judgment given by the late Sir Olumuyiwa Jibowu, C.J., in the High Court of the Western Region on the fifth February, 1959, and first came before this Court as long ago as the 29th April, 1960. Since then, numerous applications have been made both to this Court and to the High Court, but the desired result, of obtaining a hearing on the merits, has not yet been achieved.
Jibowu, C.J., had before him a suit brought in the original jurisdiction of the High Court, 1/227/1955, and an appeal from a native court, 1/61A/56, in which he had decided to rehear the case de novo. The original suit and the appeal concerned the same land, and the parties represented the same interests, and by consent the two matters were consolidated for hearing, and a single judgment was delivered. It was in favour of the present respondents and against the Bola family, and the Bola family gave notice of appeal to this Court. When the appeal came up for hearing the responden…