The original Plaintiff at the trial Court was Alhaji Bisiriyu Sule. He died whilst the matter was before the Court below on appeal. The present Appellants were substituted for him by the Court below. Similarly, the original Defendants were three. The 2nd and 3rd of them died whilst the case was pending at the trial Court. The subsisting 1st Defendant prosecuted the case to conclusion at the High Court. He also died whilst the matter was before the Court below. The present Respondents were accordingly substituted for him.

The Appellants, as the representatives of Ikotun and Matori families of Iyesi Otta, Ogun State brought their suit against the Respondent (as Defendant) as the representative of Isidana family of lyesi Otta, Ogun State. In their 3rd further amended statement of claim, the Appellants claimed against the Respondents the following reliefs:

The parties filed and exchanged pleadings which they amended a number of times. The suit was tried by Oduntan J., of the Ogun State High Court. The Plaintiffs called six witnesses. The Defendants called seven witnesses. On 19-12-94, the trial Judge in his judgment granted all the four reliefs sought by the Plaintiff. The Defendant was dissatisfied with the said judgment. He brought an appeal before the Court of Appeal, Ibadan (hereinafter referred to as 'the Court below'). On 9-7-2007, the Court below in its judgment allowed the appeal. The judgment of the trial Court was set aside. Although the Court below did not specifically say so, but the implication of the judgment was that the Plaintiffs' claims in their entirety were dismissed.

On 26-11 -2001, the Court below substituted the present Appellants for the original Plaintiff who was dead. Similarly, the Court on 21 -2-02 substituted the present Respondents for the original Defendant who was also reported dead.

The Appellants were dissatisfied with the judgment of the Court below. They have brought this appeal.