UWAIFO, J.C.A. (Delivering the Leading Judgment): The parties in this appeal from a judgment of Ajao Oshodi J. delivered on 6 December, 1991, are agreed that the Kuyasi Awushe family is the original owner of the land in dispute. That family owned a large tract of land at Onigbagbo Village, Ikeja, Lagos. The land in dispute formed part of it and according to a composite survey plan No. JO 98/88, exhibit J, produced by the plaintiffs/appellants, the said land is more particularly shown to be along Opebi Road.
A layout plan of the large tract of land was made by Kuyasi Awushe family in October, 1975 as shown in exhibit H. It was thereafter laid out into residential plots. Part of the land use thereby created is reflected in a layout survey plan No. JO 87c/75, exhibit F, drawn also in October, 1975. It shows what is referred to as Block II which includes, among others, plots 5, 6, 7 and 8.
One Mr. Abiodun Bababunmi Olaiya, a Solicitor, as owner of a parcel of land described in a deed of c…