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OKUNOLA, JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Kwara State sitting in its appellate jurisdiction over the judgment of the Upper Area Court, No. 1, Ilorin. The High Court, Ilorin was presided over by Adeniyi and Bamigbola, JJ and judgment was delivered on 3/3/98, wherein the lower court held that the dispute between the parties was an inter-tribal boundary dispute of which the trial Upper Area Court, Ilorin (hereinafter referred to as UAC) had no jurisdiction and consequently the proceeding before the trial UAC was a nullity.
The facts of this case, briefly put, were as follows:
The appellants herein, as plaintiffs in the trial UAC, sued on behalf of himself and three families constituting the Moloko Community of Ifelodun Local Government Area, claiming from the (9) defendants all (except 1st and 5th defendants) of Dugbe Oshin Community of Irepodun Local Government Area as follows:
A declaration that the plaintiffs’ families at M…