CHIEF OTOOLA ATANDA & ANOR V. TAIWO AKUNYUN & ORS.

S. M. A. BELGORE, J.S.C. (Delivering the Leading Judgment): In the High Court of Oyo State, sitting at Oyo, the plaintiffs, the entire members of Ogan Community, were represented by their leaders, Chief Otoola Atanda, the Baogan of Okeho and Chief Adeniji Abese, the Abese of Baogan. The defendants, members of Kisanija House, living in Ogan Quarters of Okeho were represented by Pa James Afolabi (now deceased), Mosudi Olanrewaju, Ogundokun Ajao and J. O. Afolabi. The suit concerned a piece of land at Ogan Quarters, Okeho in Oyo North. After hearing the evidence, Ibidapo-Obe, J. dismissed the action of the plaintiffs. Dissatisfied with this judgment, Chief Adeniji Abese, now the surviving representative of Ogan Community in the suit, Chief Otoola Atanda having died during the pendency of the suit, appealed to the Court of Appeal against this judgment of 24th November, 1986. This appeal was filed on 20th February, 1987. However, on 26th March, 1987, by a notice under Order 3 rule 18(1) Co…