BELGORE, J.S.C. (Delivering the Leading Judgment): This appeal is in respect of a large expanse of land situate at Ajayi Orioke/Aderibigbe village along Iwo Road, Ibadan. The plaintiffs who are the appellants here and in the Court of Appeal had sued the defendant (representing himself and Ajayi Family of the same address) on the land in dispute claiming:-
"1. Forfeiture and recovery of possession of the land in dispute.
2. Injunction restraining the defendant, his servants, agents and any person claiming through him from being or doing anything on the land in dispute."
The land in dispute was the subject-matter of a suit before the Customary Court, Ibadan, in which the present respondent's family were plaintiffs. The background of the claim leading to this appeal may be summarised as hereunder:-
"The plaintiffs (now appellants) assert that their ancestor, one Olowu, found the land and settled there during the time of Lagelu. Olowu died and his sons: Olugbode, Aderibigbe, Adeniji and…