OBASEKI J.S.C. (Delivering the Leading Judgment): The parties to this appeal have been locked in litigation over a piece of land called Otuocha for a period of over 50 years. Since 1933, four actions have been instituted in the superior courts of record in this country. The first was in 1933, the second in 1935, the third in 1950 and this action now on appeal in 1975. The 1933, 1935 and 1950 actions were instituted by the Umuleri people (the appellants herein), while this action was instituted by the Aguleri people (the respondents herein),
The main issue or question for determination in this appeal is whether the ownership to the land in dispute i.e. Otuocha land has been established as required by law to entitle them, i.e. the Aguleri people to the declaration of title granted them by the Court of Appeal, the High Court having held a contrary view.
The genesis of this matter briefly, is as follows:
On the 12th day of June, 1975, the respondents instituted an action suit No. 0/98/…