SIR UDO UDOMA, J.S.C. (Delivering the Leading Judgment): This is an appeal from the judgment of the old Western State Court of Appeal in which judgment of the High Court on appeal was set aside and the judgment of the Egba Divisional Grade A Customary Court restored.
In the Egba Divisional Grade A Customary Court Suit No. 91CV/69 the plaintiff, herein respondent, claimed against the defendant, herein appellant, possession of his house at Railway Station, Wasinmi via Abeokuta which the defendant was then occupying, possession whereof defendant had refused to deliver up despite repeated demands.
After due hearing of relevant evidence, the President of the court, in his judgment, held that according to Native Law and Custom, on the evidence, there was no valid sale of the house, the subject matter of the suit. He therefore entered judgment for the plaintiff and granted him vacant possession of the said house.
On appeal to the High Court, that judgment of the Egba Divisional Grade A Custo…