D. O.. (Delivering the leading judgment): On the 2nd April, 1981, the Court of Appeal, Lagos Division, set aside the judgment of Oshodi J., of the Lagos State High Court, delivered on the 11th November, 1977, the relevant portion of which reads:-
"Having regard to the evidence before me, I am satisfied that while it is true that the plaintiff and the defendant are tenants of Ojora Chieftaincy family their respective interests relate to separate and distinct plots of land. They do not relate to the same plot of land. The defendant is the family's tenant in respect of the plot of land at No. 104, Ezeagwu Street, Ajegunle measuring 50' x 100' on which he is now erecting a building. On the other hand the plaintiff is also the family's tenant in respect of another piece of land at 118, Ezeagwu Street Ajegunle measuring 50' x 80'.
I accept and believe the evidence of the Defendant's first witness ALHAJI RASAQ OJORA the Supervisor of Ojora Family in the area where the two plots are situated.…