RULING
In this motion on notice, Plaintiffs/Applicants are praying the Court for an interlocutory injunction to restrain:
i. The Defendant/Respondents, their agents, assigns, workmen and all who claim through them from preparing the disputed land described in Paragraph (i) on the Writ of Summons for the use of the land as a Cemetery; and
ii. The 1 Defendant/Respondent from selling, alienating and disposing off the land in dispute described in Paragraph (ii) of the Writ of Summons.
Applicants’ case is that the lands in dispute form part of their stool lands (i.e. Komfueku Stool) and that they mounted the instant suit on behalf of the Komfueku Stool in their capacities as Chief and head of the stool family respectively. Applicants claim that their stool family are the allodial title holders of the land in dispute. They claim that their ancestors enjoyed peaceful possession of the Komfueku lands for over 200 years until there was a challenge to parts of the land in 1892 and 1896 by the 7 D…