N. TOBI, J.S.C (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal in respect of title to land lying between Obedu stream and Iya-Oba stream in Ofatedo. The appellant is asking for a statutory right of occupancy. At the High Court, the learned trial Judge gave judgment to the appellant as plaintiff. The Court of Appeal upturned the judgment and allowed the appeal of the respondent who was the defendant in the High Court.
The case of the appellant as narrated by the learned trial Judge is as follows: The appellant's grandfather. Ogunyemi was granted a parcel of land by Oba Atoloye, the first Olafa of Ofatedo about 100 years ago. Oba Atoloye came into the possession and ownership of the parcel of land through a grant by one Balogun Oshungbekun of Ibadan about two hundred years ago. At the time of the grant by Balogun Oshungbekun, Ofatado and some other districts around there was administered by Ibadan. The appellant's grandfather was succeede…