YOYE
V.
OLUBODE & ORS.
IBEKWE, J.S.C. (Delivering the Leading Judgment): The Action in this case was commenced in the Grade "A" Customary Court, Ijebu-Ode. The plaintiffs (herein respondents) in a representative capacity sued the defendants (herein appellants) jointly and severally for a declaration of title and an injunction in respect of a piece and parcel of land situate and lying at Igboburo Quarter of Ibefun.
After hearing evidence on both sides, the Grade "A" Customary Court dis missed the plaintiffs' claims on 28th November, 1969. The plaintiffs being dis satisfied with the judgment of the Court then appealed to the High Court of Ijebu-Ode. On the 15th day of July, 1971 the learned trial judge Ademola J. dismissed the appeal. Thereupon, the plaintiffs, once again lodged an appeal to the Western State Court of Appeal against the decision of the High Court.
On the 10th May 1973, the leamrnd justices of the Court of Appeal allowed the appeal. Delivering the judgment of the Court Ogunkeye, J.A. remarked …