COKER J.S.C. (Delivering the Leading Judgment): The appellant, who was the plaintiff in the Ibadan High Court (Suit No. 1/177/66) has appealed to this Court against the judgement of the Western State Court of Appeal which has reversed the judgement of the High Court, Ibadan, given in her favour. She had sued the defendant, now respondent, for declaration of title to land described on her writ as "plot 51 of Ajengbe Layout, Oke-Ado, Ibadan", damages for trespass and an injunction to restrain the defendant from committing "further trespass on the land". The pleadings filed by and on behalf of the parties show conclusively that both sides agreed that the original owners of the land in dispute were the Ajengbe family of Ibadan but each strove to show that she it was who had validly purchased the interest of the family in the land.
The plaintiff claimed title through one Adebiyi to whom she alleged that one Raji Akintola, as the Mogaji or head of the Ajengbe family, and two other members o…