<p><strong> TIJJANI ABDULLAHI JCA (Delivering the Lead Judgment): </strong> This is a further appeal from the judgment of the Kwara State High Court in its appellate jurisdiction,Coram: J. F. Gbadeyan and H. O. Adewale both Judges of the Kwara State High Court of Justice delivered on 24/3/2005 in which the judgment of learned trial Upper Area Court was set aside and in its stead the learned Judges held thus: “The appeal succeeds. We shall enter a verdict dismissing the claim of the plaintiff and allow the counter-claim of the defendants/appellants that they are of Olumo family of Erin- Ile the owner ofAmerin land.” The appellants were dissatisfied with judgment of the lower court and expressed so by appealing to this court vide notice of appeal dated and filed on the 31/05/2006 consisting of 7 grounds.</p><p>The original plaintiff YusufAbioye sued on behalf of himself and on behalf of Olumo family seeking the following reliefs:</p><p>“1. Declarations that the defendants are not members of Olumo family otherwise known …</p>