The 1st and 2nd appellants had seized the cap and wrist watch of Gregory Iyonmane, the deceased. On 12th of June, 1994 whilst PW1 and the brother of the deceased (PW4) were playing football on Ivbiotor Primary School ground their attention was drawn to an incident where the deceased was trying to retrieve his cap and wrist watch from the 2nd appellant. The 2nd appellant was at that time wearing the cap on his head. The 1st appellant and the 3rd accused (who was discharged at the High Court) were present at the scene. The 3rd accused kicked and slapped the deceased. He also used his stick and hit the deceased with it.

The 1st appellant brought out a dagger a and gave it to the 2nd appellant who then stabbed the deceased with it. The deceased fell down. PW4 confronted the 2nd appellant. The 2nd appellant used the same knife and stabbed him (PW4) on the back. PW1 tried to stop the 2nd appellant from inflicting further injuries to PW4. He too was cut on the right thumb. The 1st appellant and the 3rd accused thereafter ran away from the scene. The 2nd appellant threw away the dagger and ran. PW1 and PW4 ran after him and held him.:

AThe trial opened on 18th September, 1996. The prosecution called seven witness to prove their case against the five accused persons. At the close of the prosecution's ease a no case submission was made in respect of the 4th and 5th accused persons. The court in its ruling sustained the submission and discharged them. The 1st, 2nd and 3rd accused were called upon to open their respective defences. At the end of the trial and in a considered judgement the learned trial judge convicted the appellants on both counts. Their appeal to the Court of Appeal was unsuccessful. The appellants have further appealed to this court.

The facts in brief, are as follows: the land in dispute formerly formed part of the land owned by one Aige, a Yoruba man and native of or an indigene of Ikorodu, Lagos State under customary law or native law and custom. On his death intestate, the property devolved on his children as family property. At some time later, the family decided to partition the family property at Aige family and allotted the land in dispute to one of the descendants of Aige by name Chief T.K. Dada. After his death, the family conveyed by deed of grant the said parcel of land to: