A. O. OBASEKI, J.S.C. (Delivering the Leading Judgment): This appeal is against the decision of the Court of Appeal of the former Western State contained in the judgment delivered on the 17th day of July, 1975 in an appeal No. CAW/147/1974 brought to it by the appellants against the judgment of the High Court, Ibadan (Coker, J.,) (as he then was) delivered on the 28th day of May, 1973) in suit No.1/118/1970.
The claim endorsed on the writ of summons by which the proceedings in the High Court, Ibadan were commenced is for:
"i. Declaration of title to all that piece or parcel of land situate at and being at Odo-Okun, Ibadan and or in the alternative declaration that the 1st defendant is entitled to sell the land or any part thereof.
ii. Possession of the said land."
Pleadings were ordered and duly delivered. The issues joined came up for trial before Coker, J., and at the conclusion of the evidence and addresses, he delivered a considered judgment in favour of the plaintiffs/respondent…