OGUNDARE, JSC (Delivering the Lead Judgment): This appeal was argued before us on the 29th of April, 2003 and after hearing learned counsel for the defendants/appellants, I dismissed the appeal with N10,000.00 costs to the plaintiff/respondent and indicated then that I would give my reasons for the judgment on the 11th July, 2003. I now give reasons for my judgment. This case has a chequered history in that the first action in respect thereof was instituted in 1942. It found its way to the Federal Supreme Court in 1960 when that court decided the appeal to it on 9th November, 1961. A fresh action leading to this appeal commenced in 1976. One Ikang Eta was the original settler and founder of the settlement known as Akim
Qua Town and owner of all the land constituting the settlement. The plaintiffs in this action, that is, Oyo Family are of Big Qua Town and are maternally related to Ikang Eta through the latter’s brother and sister. The defendants on the other hand are directly related…