(Prepared by ADEMOLA, C.J.N. and Delivered by SOWEMIMO, J.S.C.): The appellant in this case was substituted for Babatunde Adeyinka (deceased) who was the plaintiff in the High Court of Ibadan on the 25th September, 1968, where he obtained judgment for declaration of title to the piece of land known as Adeyinka Village, Ife Road, Ibadan. He was also awarded as damages 50(pounds) for trespass by the defendants/respondents and granted an injunction in terms of his Writ. The judgment was reversed by the Western State Court of Appeal and against that judgment, the plaintiff has appealed to this court.
The plaintiff traced how the land in dispute descended to him and his family, stating that his ancestor who first settled on the land many years ago was known as Adeyinka; that he was warrior and a hunter; that the land was virgin forest when he came there. He later brought his family and built on portion of the land. In due course a village sprang up and it is now called Adeyinka Village. He…