S. KAWU, J.S.C. (Delivering the Leading Judgment): The respondents herein were the plaintiffs in suit No. AB/33/73 instituted against the appellant and one Raimi Beji in the Ogun State High Court, Abeokuta Judicial Division, Abeokuta, on 30th March, 1973. In the suit the respondents claimed as follows:
"(a) Declaration of title to all that piece of land shown on the plan attached to conveyance made between Sinatu Efuyola, Raimi Beji and Esther Oyindaola and Solomon Oyeneye Coker dated 31st day of January, 1945 and registered at No. 80 at page 80 in volume 505 of the land registry, Ibadan.
(b) An order setting aside the conveyance made between Sinatu Efuyola, Raimi Beji and Esther Oyindaola and Solomon Oyeneye Coker dated 31st day of January, 1945 and registered as No. 80 at page 80 in volume 505 of the land registry, Ibadan. The annual rental value of the land is N20."
Pleadings were ordered, filed and exchanged, but before hearing commenced, 2nd defendant, Raimi Beji was reported …