SAMSON AWOYALE V. JOSHUA O. OGUNBIYI

KAWU, J.S.C (Delivering Leading Judgment).:-The respondent in this appeal was the plaintiff in an action which he insituted on behalf of the Ba'a family in the Igbomina South Central Area Court, Oro, Kwara State. The defendant in that case was David Adewoye who later died but was substituted by Samson Awoyale, who is the appellant in this appeal and who represents the Efundere family. Both parties are from Ijomu-Oro in Oro District of Kwara State. The plaintiff's claim was for a declaration of title to the Ijomu-Oro township land and its adjoining forest. Both parties gave evidence and called a number of witnesses in support of their respective claims. At the conclusion of the hearing, the trial Area Court dismissed the plaintiff's claim. On appeal to the Upper Area Court, that court allowed the appeal and awarded the land to the Ba'a family. On further appeal to the High Court by the Efundere family, the High Court allowed the appeal, reversed the decision of the Upper Area Court and…