IBRAHIM SHATA BDLIYA, JCA (DELIVERING THE LEADING JUDGMENT): This is an appeal against the judgment of the Kwara State High Court of Justice (the lower Court) in suit No. KWS/141/2015, delivered on the 19th day of December, 2018, presided over by AKINPELU, J. The respondent (as claimant at the lower Court) instituted the said suit by a Writ of Summons which was amended and filed on the 24th of February, 2017.
The historical background facts of the case before the lower Court, could be briefly summarised as follows. The Respondent's and the appellants' families were related being of common ancestors. The parcel of land in dispute was founded and established by late Etsu Ahmadu then traditional ruler of Lafiagi. At that time a dispute arose on the boundaries of the parcel of land in dispute which was resolved. However, later same dispute reoccurred as to the exact boundaries of the said land. The Emir of Lafiagi, at the time, set up a committee which resolved the dispute between the part…