ONABANJO
V.
EFUNPITAN

AYOOLA, J.C.A. (Delivering the Leading Judgment): This is an appeal from a decision of the High Court of Lagos State whereby judgment was given for the plaintiff, now respondents, for damages for trespass and perpetual injunction. The action from which this appeal arose relates to a piece of land situate at a place called Ojuemuren village which the respondents claimed that the appellant, then defendant, unlawfully entered between 1976 and 1977 and proceeded to erect a house on. The respondents based their claim on title traced to their ancestor and their undisturbed possession of the land. The appellant resisted the respondents' claim alleging that he was entitled to the land by the fact of purchase from one Aliu Sanya described as a member of one Ojuemuren family upon an allotment of the land by that family to the said Aliu Sanya. The appellant thus pitched the title of Ojuemuren family against that of Oshimremolu Eletu family of Ikorodu on whose behalf the respondents had claimed i…