The Plaintiffs/Appellants in Suit No. HCL/26/83 filed at the Abeokuta High Court in Ogun State commenced proceedings culminating in this appeal against the Defendants/Respondents from whom they sought a declaration of right of occupancy over an area of land, N200 damages for trespass and an injunction restraining further acts of trespass on the disputed land. From their pleadings and evidence in support thereof, the Plaintiffs/Appellants relied on traditional evidence to establish their case. According to them, the vast track of land edged red in their survey plan admitted in evidence as Exhibit B, belonged to Akowonwado their ancestor who migrated from Ile-Ife to settle on the land about 200 years ago. Their said ancestor Akowonwado first settled on a portion of the vast land known as Ilase and then at Oko-omi also within the land. He exercised acts of possession and ownership by farming, building and hunting thereon without interference by anybody. Upon his death, all his landed properties including the portion now the cause of the dispute which is edged yellow in the survey plan Exhibit B were inherited by his children namely, Latorikan, Oyikilu, Ookola, Dada Agbobalaya, Ejibosa, Agedu and Aajoye. These children spread all over the entire land and founded a number of villages such as Ore later called Ore-Akinde founded by Laforikan, Olorunlepupo formerly known as Oko Ilase founded by Oyekilu, Erinle village founded by Erinle son of Talabi and Ikemo founded by Ookola who begat Ajayi Aga and Aina Eru. It was the case of the Plaintiffs/Appellants that the Defendants/Respondents were descendants of Ogunyemi who fled from Ilaro as a result of the death of many of his children. He fled with one surviving child called Akinde with his mother to Ore village where they stayed with Onitan his friend. After Ogunyemi's death, Akinde continued to stay in Ore village, which later became Ore Akinde because of the popularity of Akinde as an Ifa priest. Akinde was given a portion of the land belonging to Ajayi Aga and Aina Eru the children of Ookola for farming purposes. The descendants of Akinde are still in occupation of that portion of land. The Plaintiffs/Appellants further alleged that no portion of the entire land inherited by the descendants of their great ancestor Akowonwado had been sold and nobody entered any part of their land without the permission of members of their family. The present dispute erupted because the Defendants/Respondents encroached beyond where they were given by trying to build a church without first obtaining permission from the Plaintiffs/Appellants' family. By their own pleadings and evidence proffered in support thereof, the Defendants/Respondents denied the Plaintiffs'/Appellants' claims and traversed their main allegations. Ostensibly relying on traditional evidence, they equally lay claim over the land in dispute. According to them, their great ancestor Ogunyemi came from Ilaro. He and Aina Akaraki were the first settlers in Mede which later became known as Oko-omi. Ogunyemi lived and died there and thereafter one of his three sons Akinde moved to the place now known as Ore Akinde, which he founded. The descendants of Akinde continued to exercise acts of ownership over Ore Akinde where they built houses and constructed roads without any let or hindrance nor permission from anybody. Finally, the Defendants/Respondents admitted erecting a church building at Ore Akinde without seeking the consent and permission of the Plaintiffs/Appellants asserting that the land in Ore Akinde and its environs marked 'B' and edged Red in their survey plan admitted as Exhibit 'C' belongs to the Defendants'/Respondents' family.

After due summarization and evaluation of the evidence of the parties, the learned trial Judge Sofolahan J on 15th November 1990 upheld the traditional evidence of the Plaintiffs/Appellants adjudging them entitled to the customary right of occupancy over the area edged red in their plan Exhibit 'B' and an injunction against the Defendants/Respondents with respect to the yellow verge in the said plan Exhibit 'B', Dissatisfied with the outcome of the proceedings at the trial Court, the Defendants/Respondents lodged an appeal to the Court of Appeal, Ibadan Judicial Division which Court in its judgment of 30th April, 2001 though affirming the findings of facts made in favour of the Plaintiffs/Appellants with respect to their traditional history, nonetheless non-suited the Plaintiffs/Appellants on the ground that the area of land which they claimed on their writ, to wit, "an area of land situate, lying and being at Ore village via lju Otta, Ogun State" was not identifiable.

It is against that Judgment of the Court of Appeal non-suiting the Plaintiffs/Appellants that they the Plaintiffs/Appellants have brought this appeal