ABIODUN AGBETU & IJOPIN AGBETU (FOR THEMSELVES AND ON BEHALF OF LILIKEN FAMILY) V. VENERABLE EMMANUEL OLORUNWA AKINBOYO & CHIEF OLADAPO AKINTAJUWA (FOR THEMSELVES AND ON BEHALF OF ODOFIN-OFILO FAMILY)

CHIDIEBERE NWAOMA UWA, J.S.C. (Delivering the Leading Judgment): The appeal is against the judgment of the Court of Appeal, Akure Division (hereinafter referred to as the court below) delivered on 1st November 2012, which upheld the decision of the High Court of Ondo State (hereinafter referred to as the trial court), delivered on 26th November 2005.

It is instructive to state that the case was originally heard and determined by the trial court coram S. A. Ajayi, J. (retired). An appeal to the court below against the judgment delivered was successful. By its judgment delivered on 4/7/97, the court below remitted the case back to the High Court for trial de novo before a judge other than Ajayi, J. The court also ordered an accelerated hearing of the suit.

The facts of the appeal are that the respondents, as "plaintiffs," claimed that their ancestor, one Omojuwa, migrated from Ile-Ife more than 600 years ago and, after moving to several places, eventually settled at a place called Moribod…