A. O. OBASEKI, J.S.C. (Delivering the Leading Judgment): We allowed this appeal against the judgment of the Western State Court of Appeal on the 23rd day of February, 1978 and now give our reasons.
These proceedings were commenced in the High Court of the Western State at Abeokuta by Writ of Summons endorsed with the particulars of claim which reads:
(1) Declaration of title according to Native Law and Custom to the plaintiffs farmland lying and situate at Orile Ilugun, Abeokuta Province, Western Nigeria;
(2) Recovery of possession of the said farmland; and
(3) Mesne profits from latter part of 1959 up to the time of delivery up of possession.
Pleadings were ordered, filed and duly delivered and the matter came up for hearing before Adewale Thompson, J.
In a considered judgment, the learned trial Judge dismissed the claim for declaration of title, made an order for possession and allowed the claim for mesne profits in the sum of 270 pounds (N540.00). More particularly, the concluding …