OKUNOLA, JCA: (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Nigeria presided over by T. A. A. Ayorinde and delivered on 31st January 1991. This appeal originated from Grade ‘C’ Customary Court No. 1, Iseyin, Oyo State with the plaintiff/ respondent’s claim in the lower court running as follows:
“The plaintiff’s claim is for an order of this Honourable Court ejecting the defendant from all that piece or parcel of land lying, situate and being between Abidogun Compound and Kangunen Compound at Okeyin Quarters in Iseyin town which parcel of land measures 20 feet by 100 feet in dimension and which is bounded on its other sides by Asani Adio’s House and Aresetagbagi Compound of Okeeyin, Iseyin and which parcel of land is about N200 in value and which is the property of Abidogun Family of Iseyin and which is now being occupied by the defendant. The defendant has refused to quit the said piece of land despite persistent demand by the plaintiff…