DAVID OYEKOLA & ORS V. ALHAJI BURAIMO AMODU

MONICA BOLNAAN DONGBAN-MENSEM, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of Hon. Justice M. L. Abimbola of the Oyo State High Court delivered at Ogbomoso Division on the 26th day of February, 2001.

Appellants were the Defendants at the High Court while the Respondent was Plaintiff. The parties will be referred to simply as the Appellants and Respondent.

It is a land matter in which the Respondent claimed the land in dispute to have formed part of a vast area of land belonging to their ancestor (Orisatolu), one of the original settlers of Ogbomoso.

Appellants on the other hand claimed title to the land in dispute through another ancestor named Olurefe who is said to have migrated and settled on the vast area of land including the land in dispute called Obandi.

In the course of the trial, Respondent pleaded and relied on the principle of res judicata in suit No: HOY/25/74, HOY/61/76, FCA/I/11/82 in support.

The Court delivered its Judgment in favour of …