OGEBE JCA (Delivering the Lead Judgment): The respondent sued the original defendant in the High Court of Lagos in November 1982, seeking the following reliefs: “1. The plaintiff’s claim against the defendant is for possession of the piece of land situate and being at Ipaja Road, Magbon, Orile Agege in the Ikeja Division of Lagos State.
The sum of N50 per month for occupation and use from 1st
January 1970 until possession is delivered.
An order of perpetual injunction to restrain the defendant, his agents, servants and privies from remaining on or continuing in occupation of or in any way or manner trespassing, dealing or interfering with the said land or with the plaintiff’s enjoyment thereof.” Issues were joined and the defendant in the court below counter- claimed for the disputed land. To prove his case, the respondent called four witnesses to show that the land was family property which devolved on him from his grandfather, Ogundare who was the ancestor of the Ogundina family. The…