The applicants in this motion as plaintiffs in the Ilesa High court instituted an action against the respondents for a declaration of title to a parcel of land which they claimed belonged to Baatisan family, which they represent. The parcel of land measuring 60.65 acres situate at Oke-Ope near Ilesa G.R.A had been sold by the Ogboni family, who claimed the land was the Ogboni Chieftaincy family land. The learned trial Judge in his judgment granted the declaration that the Baatisin Chieftaincy family was entitled to a grant of statutory right of occupancy to the piece of land with the exception of a proportion of it, to put it in the words of he learned Judge, which is more particularly shown and delineated on Survey Plan No PFY 1026 of 13th May, 1991 prepared by P.F.O. Ogunleye licensed Surveyor but less the area verged blue on that plan". The plaintiffs were dissatisfied with the exclusion of the said portion from the land they were claiming by the Judge and so have appealed to this court, and also sought the above prayers pending the determination of the appeal.

The application is supported by an affidavit, to which the respondents filed a counter affidavit.