MUHAMMAD, J.C.A. (Delivering the Leading Judgment): This appeal had a chequered history. It had its vicissitudes. It was first instituted in Area Court Grade I, Ajasa - Ipo Kwara State. There was an appeal from that court to Upper Area Court No. 1 Ilorin, and then to High Court of Kwara State holden at Ilorin. The High Court ordered a retrial before the Upper Area Court No.2, Ilorin. Following an application by one of the parties, the High Court varied the order of retrial and ordered that the retrial be heard by the Upper Area Court, Omu-Aran. After a decision by the Upper Area Court Omu-Aran, there was an appeal to the High Court, Ilorin and further the Court of Appeal Kaduna Division and lastly to the Supreme Court.
Brief facts of this appeal reveal that at the Upper Area Court Omu-Aran, on the 17th of December, 1985, the plaintiff as respondent herein, claimed ownership of a parcel of land of about eight square kilometres situate at Oke Maro, Amoyo for and on behalf of himself and…