PRINCE KUNLE OSENI & ORS V. PRINCE GBADAWIYU OYETORO & ORS

OBANDE FESTUS OGBUINYA, J.C.A.: (Delivering the Leading Judgment): This appeal germinated from the decision of the High Court of Osun State, holden at Ede (hereinafter addressed as "the lower Court"), coram judice: A. O. Ogunlade, J., in suit No. HED/11/2011, delivered on 19th January, 2016. Before the lower Court, the appellants and the respondents were the plaintiffs and the defendants respectively.

The facts of the case, which transformed into the appeal, are submissive to brevity and non-complexity. A long time ago, following a threat of Fulani invasion of Okinni Town in Egbedore Local Government of Osun State, many families, which made up the town, migrated to Osogbo to avert the imminent war. In 1833, Oba Kinnimofisomo settled the dispute among the warring families in Okinni. Thereafter, Oba Kinnimofisomo partitioned the land in Okinni among its constituent families including the appellants' and the respondents'. The appellants' progenitor, Olubi, got the land in dispute which is…