TSAMMANI JCA (Delivering the Lead Judgment): This is an appeal against the judgment of D. O. Jegede, J of the Ekiti State High Court sitting at Ikere-Ekiti delivered on 13 May 2009, wherein the learned trial judge granted all the reliefs sought by the respondents, who were plaintiffs at the lower court. The appellants who were sued for themselves and on behalf of the Ejimo family of Okekere Quarters, Ikere-Ekiti were defendants at the lower court. The respondents as plaintiffs at the lower court also sued for themselves and on behalf of Sapetu Ibariba family of Okekere Quarters of Ikere-Ekiti.
Briefly, the respondents’case at the lower court is that, the Sapetu Ibariba family whom they represent is seised of a large expanse of land situate at Igbolo-Ekiti farmland along Ise Road, Ikere-Ekiti under native law and custom from time immemorial, and that the said family has been exercising various acts of ownership and possession thereon without anylet or hindrance. It is also their case …