BENJAMIN A. P. IREWA & GODWIN BOYI IREWA V. MALLAM MUHAMMED A. BAIYEROHI & OLA IKEUN

MOHAMMED MUSTAPHA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Kogi State, Koton Karfe Division in Suit No HC/KK/02CV/2012 delivered on the 6th of May, 2020, in which the lower Court dismissed the claims of the Appellants and granted the counter-claim of the Respondents. Dissatisfied, Appellants appealed to this Court by first notice of appeal dated 28th of May, 2020, but filed on the 29th of May, 2020, and a second notice of appeal dated the 27th of July, 2020, but filed on the 28th of July, 2020. The notices are at pages 629 to 646 of the record of proceedings.

Dissatisfied with the judgment of the lower Court, the appellants appealed on the following grounds shorn of their respective particulars:

GROUNDS OF APPEAL

GROUND ONE:

Error In Law

The learned trial Judge erred in law when he held that:

"Upon careful reflection on the traditional history of the land as rendered by the first claimant and CW4, it is clear that the history can…