ABBA-AJI JCA (Delivering the Lead Judgment): This is an appeal by the appellants against the decision of the High Court of Justice, Omuo-
Ekiti, delivered by Justice M. A. Agbelusi on 12 May 2009, wherein the learned judge held that the subject matter in dispute is caught by issue estoppel and dismissed the plaintiffs’ claim.
The appellants as the plaintiffs at the lower court instituted this action for and on behalf of the Olokoju family of Iluomoba-Ekiti against the defendant, Chief Peter Adebisi Ademiloyo, the Anaun of Iluomoba-Ekiti (for and on behalf of Anaun family of Iluomoba-Ekiti) and claimed the following reliefs as contained in paragraph 41 of their 2nd amended statement of claim:
A declaration that the large piece or parcel of land known as Akola or Olokoju family land lying, situated and being along Ijesa-Isu/Ikole Road, Iluomoba Ekiti and which is particularly described and delineated on aplan to be hereinafter filed belongabsolutely to Olokoju family of Iluomoba Ekiti.
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