The case giving rise to this appeal has a very long protracted antecedent which must be set out clearly for a better understanding of the issues involved.

In suit No.IK/21/67, the Respondents, as Plaintiffs sued the Appellants on behalf of the Beku-Onimaba family for declaration, N400.00 damages for trespass and injunction in respect of a parcel of land measuring 118.7 acres only contained in survey plan admitted as Exhibit 'A’. The Appellants did not file any counter- claim but at the end of the trial, the Respondents' case was dismissed in its entirety by Oshodi J. They appealed to the Court of Appeal and the appeal was dismissed. They further appealed to the Supreme Court in case No.SC.184/89 and it was again dismissed. The judgment of the Supreme Court is on pages 962-1002 of the record. Thereafter, the Appellants proceeded to eject the Respondents and their tenants from the land in dispute as in Exhibit 'A’ and also from the larger area of land covering 596.7 acres contained in survey plans, Exhibits F and G, in Ik/21/67. This resulted in a fresh action by the Respondents against the Appellants in suit No. ID/60/92 - J.B. Shodeke & Ors. v. Muda Anwoyi & Ors. which gave rise to the instant appeal.

In suit No.ID/60/92, the parties filed their respective pleadings. The Appellants who were the Defendants raised a counter-claim and at the end of the trial, Longe J. granted all the claims of the Respondents (except inquiry as to damages) and dismissed in its entirety the counter-claim of the Appellants.

The Appellants were dissatisfied with this decision and they appealed to the Court of Appeal. In appeal No.CA/L/460/98, the Court of Appeal dismissed the appeal as lacking in merit. They now appealed to this Court.