ABIBU OJE ALH. MUTAIRU ABIBU V. YEKINI TAIWO AJAYI OGUNSOLA TAIWO SUNDAY OGUNYINKA AKINTOYE LAPITE (ON BEHALF OF THEMSELVES AND THE MEMBERS OF SOMEFUN FAMILY)

OMAGE JCA (Delivering the Lead Judgment): Dispute arose in this matter before the High Court Abeokuta, Ogun State in 1984 when according to the testimony of the plaintiffs, the defendant and his son, Abibu Oje, and Alhaji Mutairu Abibu, who are now appellants were seen pilling pillars on the land claimed by the plaintiffs as belonging to their grandfather, one Somefun. The plaintiffs in the suit below are Yekini Taiwo Ajayi, (2) Ogunsola Taiwo, (3) Sunday Ogunyinka, (4) Akintoye Lapite. The four claimed to sue on behalf of themselves and other members of Ogunmolu family. By an order of court made on 11/9/84, the trial court allowed and granted the prayers of the plaintiffs to sue the same members of Somefun family instead of Ogunmolu family. In their testimony in the High Court Abeokuta before Justice Odunsi in 1984, the plaintiffs said their ancestor, Somefun migrated from Imo Abeokuta, homestead and settled on a large tract of a parcel of land in Abeokuta. He took his children…