G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): In suit 0080/67, tried by Kazeem J. at the Lagos State High Court held at Ikeja, judgment was entered in favour of the Plaintiffs, who are respondents before us, against the Defendant, who is the appellant, in the terms of the writ of summons for declaration of title and injunction. The appellant has appealed to this court being dissatisfied with the judgment of the learned trial judge delivered on 18th of May, 1973.
There is no dispute as to the identity of the land. The dispute arose as to the root of title of either party. The Plaintiffs claimed that the land was sold by one Cardoso to Dawodu, who mortgages to one Elliott The mortgage was purchased by Elliott and the trustees of his estate sold the land to the Plaintiffs. On the other hand, the defendant claimed to have derived his title from the children of one Makinde, who bought from Cardoso. One of the points for decision as to title to the land was whether the land in d…