KARIBI-WHYTE, J.S.C. (Delivering the Leading Judgment): This case has its genesis from Grade A Customary Court, Ile-lfe. A writ of summons was filed on 29/6/59 as suit No. 390/59 by the present appellant as plaintiff, claiming against the defendant a declaration of title in native law and custom to the land situate lying and being at Oke-Okoko Ashipa, Ife District. An injunction restraining the defendant and his servants and or agents from further interference with the land was also claimed. In the claim, the boundaries of the land in dispute were stated to be as follows -
"1st side by Fasakin's land, 2nd side by Idowu Akinowo's land, 3rd side by Akinkumi's land, 4th side by Majayomi's land."
The case was first listed for mention on the 19th December, 1967. The defendant thereafter in his own action in suit No. 165/68 claimed in similar terms, but the boundaries indicated in Suit No. 165/68 are as follows -
"On one side by Olukotun farm-land, on the 2nd side by Olusola Ashipade famil…