JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of the High Court of Justice, Oleh Division in Delta State of Nigeria in Suit No: - HCO/74/2012 Between: ELDER STEPHEN IKWENU and ANOTHER V. SUNDAY OGOHAN delivered on the 30th day of May, 2013.
Briefly, the facts of the case are that sometime in 1982, there was a dispute over a large expanse of land between the Egero family of Esaledho Street, Oleh and Ofa family of Esalodha Street, Oleh in Suit No:- HCO/17/82.
The land now in dispute forms part of the land referred to above.
After thirty (30) years of the pendency of the earlier suit referred to above at the High Court of Justice, Oleh, it was settled out of Court by both parties and the terms of settlement between the parties showing how the land in dispute was partitioned between the two families was filed in Court on 1/11/2011 and it subsequently became the Judgment of the lower Court delivered on the 3rd day of November 2011.
The Ap…