HOSEA OBAJIMI & ORS V. CHIEF ELIAS OLOYE & ANOR

OBANDE FESTUS OGBUINYA, J.C.A. (Delivering the Leading Judgment): This appeal probes into the correctness of the decision of the High Court of Ondo State, sitting at Okitipupa (hereinafter referred to as "the Lower Court, coram judice: O. Akintan Osadebayi, J, in suit No: HOK/6/91, delivered on 20th January, 2014. Before the Lower Court, the appellants and the respondents were the respective defendants and plaintiffs.

The facts of the case, which gave birth to the appeal, are submissive to brevity and easy appreciation. The land in dispute, described in survey plan No.JOE/OD/2579 of 15th September, 1987, is not a stranger to litigation. Sometime in 1985, in Suit No.HOK/28/85, the respondents had sued the appellants for ownership of part of the land in dispute, verged green in the survey plan. The Lower Court dismissed the claim. It held that the respondents made absolute grant of that portion, 12:5 hectares, to the appellants. The decision was affirmed by this Court in Appeal No. CA/B/…