ALHAJI LASISI SALISU & ALHAJI JUBRIL SALISU (FOR THEMSELVES AND ON BEHALF OF THE GBADAMOSI FAMILY OF IJANIKIN) V. ALHAJI ABBAS MOBOLAJI, ALHAJI YISA OLORUNKEMI & ALHAJI TAIRU AKINOLA (FOR THEMSELVES AND ON BEHALF OF THE ELESO FAMILY OF IJANIKIN)

OGUNBIYI JSC (Delivering the Lead Judgment): The appellants’ appeal is against the judgment of the Court of Appeal, Lagos Judicial Division, delivered on 29 March 2007. The Courtof Appeal in a considered judgment upheld the main appeal filed by the respondents, set aside the judgment of the High Court of Lagos State, and dismissed the cross-appeal filed by the present appellants. The respondents were the plaintiffs while the appellants were defendants/counterclaimants at the trial court. At the Court of Appeal, the respondents were the appellants while the present appellants were the respondents/cross- appellants.

Background facts

This appeal is a land matter which was decided initially at the High Court of Lagos State, Badagry Judicial Division. At the trial court, the respondents herein as the plaintiffs sued the appellants as the defendants and claiming the following reliefs:-

(i) A declaration that the 1st plaintiff being the family head and other principal members of Eleso chi…