KAYODE AKINTUNDE V. ALHAJI WAHAB AKINPELU & ORS

MONICA BOLNAAN DONGBAN-MENSEM, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Hon. Justice Oyelaran of the Oyo State High Court Ibadan Division delivered on the 18th Day of May 2012 wherein judgment was delivered in favour of the Respondents who were the Plaintiffs. The Appellants were the Defendants at the trial Court.

The facts of the case leading to this appeal as presented in the Appellants brief are as follows: that

The Claimants (Respondents) case is that one Pa Odande Muta initially settled at a large tract of land where he settled down and exercise possession and proprietary right. That Pa Odande during his lifetime gave birth to four children who succeeded him namely Isiaka Akinyemi, Morakinyo, Taiwo and Kehinde. The aforesaid children exercised various acts of ownership on the land like farming. The present Respondents (Claimants) are the grandchildren of Isiaka Akinyemi whose land devolved on them following partitioning of the family land.…