OLUFUNLOLA OYELOLA ADEKEYE, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal; Ilorin delivered on the 11th day of July, 2002.
The background facts of this case which appears to have a remarkable history are that members of the family of one Tukur Gogo Olowo of Ile Panu, Masingba, Ilorin who died in 1924 approached the court as far back as 1979 for the distribution of his estate in accordance with Islamic Law of inheritance. There is no record of this case again until the plaintiffs, now appellants before this court, commenced an action on the 12th of October 1994 at the Upper Area Court No. 2 Oloje, Ilorin on this same subject matter. The action followed an order of retrial de novo made by the Kwara State Shariah Court of Appeal, Ilorin in its appeal session on the 22nd of August 1990.
The present parties both as plaintiffs/appellants and defendant/respondent came into the action by way of substitution for the grandsons of Tukur from…