CHIEF YISAU OLASORE & ANOR V. RUFUS AJIBOLADE & ANOR

MOORE A. A. ADUMEIN, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of Osun State High Court, Ilesa Division, in Suit No: HIL/27/2000 - CHIEF YISAU OLASORE and 1 OR. V. RUFUS AJIBADE and 1 OR, delivered by O. D. AFOLABI, J. on the 15th day of December, 2005. The appellants were the defendants/counter claimants in the Court below.

The grounds and particulars in the amended notice of appeal filed on 21/05/2008, although not properly numbered, are:

"(1) The judgment if (sic) the lower Court dismissing the claims of the Defendants/Counter Claims is un-reasonable, unwarranted and cannot be supported having regard to the totality of the evidence led at the trial.

(2) The Learned Trial Judge misdirected himself on the Defendants' evidence when at page 138 of the record he held:

"...They called 6 witnesses. Out of these six witnesses said anything about the traditional history of how the land devolved on defendants' family..." and thereby came to a wrong decis…