G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): The point raised in this appeal is whether the Appellant, who sued the Respondets in the court is entited to a declaration of title and therefore a rectification of register of title No. MO 5964, in spite of the plea of long possession, laches, acquiescence and undue delay which the learned trial judge allowed the defendant to raise after the close of Plaintiff's case.
There is no dispute that the land, the subject matter in this case, originally belonged to the Oloto Family. The learned trial judge held that the Appellant obtained his title from the Oloto Family and thereby, had a valid title. The 2nd defendant's defence that he also claimed title from a predecessor, who claimed to have derived title from the Oloto in 1911, was rejected.
The 2nd defendant/respondent claimed to have purchased the property from one Fadipe in 1959. He also said that Fadipe had previously purchased the same land from the children of one J. W. Mart…