HAMMA AKAWU BARKA, J.C.A. (Delivering the Leading Judgment): This Appeal is against the judgment of I. B. Garba J., of the Kwara State High Court sitting in Ilorin in Suit No. KWS/188/2013: Adisa AbdulGaniyu Musa Mustapha (for himself and on behalf of Budo-Oke family) and Aliyu Salman Olayinka and three ors; delivered on the 28th of July, 2016.
In the said judgment, the learned trial judge after considering the totality of the case before him, held that:
In summary, the claim of the claimant fails and it is dismissed in its entirety for lacking in merit while the counterclaim of the 1st and 2nd counterclaimants/defendants succeeds having successfully established or proved their family ownership over the land dispute located at Salimonu Budo-Oke village in Ilorin West local Government of Kwara State.
In short, the appellants family claimed to have been the first settlers on the disputed land, having migrated from Bida in present day Niger State. They further claimed that having migrated f…