This is an appeal against the judgment of the Court of Appeal holding at Benin City and delivered on 3rd March, 1995. The appellants herein, as plaintiffs, in the Akoko South, Grade 1 Customary Court, claimed against the defendants, herein as respondents, as follows:

"The plaintiffs' claim for themselves and as representatives of Izo and Idofin Community, against the defendants jointly and sever¬ally

After taking evidence from both parties and their witnesses and a visit to the locus in quo including taking of evidence thereat from a hundred years old man, Paul Agunbiade, a man from Isua Akoko who was duly subpoenaed, the Akoko South Grade 1 Customary Court, after drawing a rough sketch of the land in dispute and adjoining parcel of land, gave judgment in favour of the plaintiffs in terms of their claim for title to the land in dispute and N500.00 damages for trespass, and also awarded N 46.40k costs to them.

Dissatisfied, the defendants appealed to the High Court of Justice Ikare, in exercise of its appellate jurisdiction. After hearing of arguments of learned coun¬sel of the parties on the grounds of appeal filed, that court presided over by Ajayi, dismissed the appeal and confirmed the judgment of the trial court.

;Still dissatisfied, the defendants appealed to the Court of Appeal sitting at Benin City. That court found in their favour in December 1983 and set aside the judgment of the High Court.

TThe plaintiffs in turn appealed to the Supreme Court and after hearing legal submissions by counsel it declared the judgment of the Court of Appeal null and void on the ground that the defendant, neither sought nor obtained an order for extension of time to file appeal before the Court of Appeal.

This situation was regularised by the 2nd defendant after the death of the 1st defendant, having been granted extension of time within which to ask for leave to appeal to the Court of Appeal from the decision of the Ikare High Court as well as leave to appeal and an extension of time to appeal against the said judgment. The Court of Appeal, after due hearing of the appeal handed down its judgment on 3 March, 1995 in favour of the defendants. This appeal by the plaintiff, as earlier stated, is against the said judgment of the Court of Appeal.