MOHAMMED MUSTAPHA, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Kogi State High of Justice sitting at Ankpa, presided by Hon. Justice E.O. Haruna, delivered on the 24th day of May, 2014 in Suit No: AHC/2/2010.
Facts in Brief:
The respondents' case at trial was that they are the descendants of Ediko Eche, who came from Ojogo, to settle at Ajobe, a virgin land and having founded Ajobe land instituted Onu Ajobe chiefdom, after which their ancestors now make up the ruling families to the stool of Onu Ajobe.
That the descendants of the appellants settled in their present settlement as tenants of the respondents', and as such do not own any land in Ajobe, as a result of which no member of the appellants' family had the opportunity of contesting for, much less holding the stool of Onu Ajobe.
The appellants on the other hand denied this claim, and counter claimed that the Uja Oboko was the founder of Ojoku and Ajobe land, and he allocated the land to Ohiemu…