KEKERE-EKUN JCA:(Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Ondo State, sitting at Owo delivered on 26 September 2008, granting all the claims of the plaintiff (respondent herein) and dismissing the counterclaim of the defendants (appellants herein). The facts that gave rise to this appeal are as follows:
The case of the plaintiff at the lower court, hereinafter referred to as the respondent, was that the land in dispute originally belonged to his great grandmother, Madam Olamiseji (nee Elewere). After her demise, it devolved upon her three sons namely, Chief Aladesemola Omonesa Osuma
II, Chief Alamurin Aladekolu and Chief UpenbunmiwaAdesida. Between these three sons, they had 18 children. The 18 grandchildren became co- owners of the land. The respondent’s father, Chief Adeyemi Osuma was one of the 18 grandchildren. He laid claim to the entire expanse of land and refused to give any portion to the remaining 17 grandchildren. As a result…