MOHAMMED BABA IDRIS, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Akure Judicial Division delivered on the 8th day of December, 2014 in Appeal No. CA/I/65/2010 coram: Mojeed Adekunle Owoade, JCA,Mohammed A. Danjuma, JCA, James Sheu Abiriyi, JCA in which the court below dismissed the appellants’ appeal filed against the decision of the Osun State High Court of Justice, Ilesa Judicial Division, per Justice F. O. Ogunsola, delivered on the 10th day of May, 2001 wherein the trial court granted all the reliefs sought by the respondent.
The facts of this case date back to 1950 when the ancestors of the respondent, who was the Plaintiff, instituted Suit No. 69/50 against the ancestors of the appellants as defendants before the Divisional (Customary) Court in Ilesa for a declaration of title to land. Judgment was delivered in favour of the ancestors of the respondent and no appeal was filed against the said judgment.
Approximately 30 (…