T. O. ELIAS, C.J.N. (Delivering the Leading judgment): This appeal against the judgment of the Western State Court of Appeal in Suit No. CAW/19171 delivered on 26th January, 1973, originated from the judgment of the Oshun North-west Grade "B" Customary Court, Ogbomosho, in which the plaintiff claimed against the defendant for
(i) "declaration of title to the piece or parcel of land lying, situate and being at Elewede, Alagodo and Kesa Idewure village, Ogbomosho.,
(ii) an order granting possession of the said. . . land to the plaintiff,
(iii) injunction to restrain the defendant, his servant or agents from further trespass on the said piece of land".
The President of the Court found for the plaintiff and the defendant, being dissatisfied with that judgment, appealed to the High Court, Oyo, in which in Suit No. HOY/9A69 Ogunlami, J., dismissed the defendant's appeal in his judgment delivered on 9th April, 1970. Against that decision, the defendant appealed to the Western State Court…