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S. M. A. BELGORE, J.S.C. (Delivering the Leading Judgment): This appeal is in respect of the decision of Court of Appeal, Ibadan Branch. The action which led to the appeal in that court, on a cursory look, appears to have started in the High Court. But that is actually not the true story. The case actually started in 1944 in the Native Court, it went on appeal to District Officer's Court then to Residents' Court in which the present appellants lost all their claims to the vast track of land in issue. They similarly lost appeal in Governor's court. The decisions in all those courts went in favour of the respondents who had all along been in possession. After about fifty years, the descendants of the original losers, Layinka Family, in 1987, took out a new writ and claimed as follows:
1. AGAINST ALL THE DEFENDANTS
(a) DECLARATION that members of Layinka family of Ibadan are the persons entitled to a grant of statutory rights of occupancy in respect of a piece or parcel of land situate,…