P. NNAEMEKA-AGU, JSC (DELIVERING THE LEADING JUDGMENT): This is an appeal against concurrent judgments of the High Court Ibadan, and the Court of Appeal, Ibadan Division. The High Court gave judgment for the Plaintiff. The Court of Appeal confirmed the High Court decision.
In the High Court, the Plaintiff Mr. S.L. Omitola commenced an action by a writ of summons against the 1st defendant, Saka Owoade for a declaration of title to a piece of land on Adeyinka Adebayo Road, Ibadan, 500 Pounds (N1,000.00) damages for trespass and an injunction. The 2nd defendant Arnusa Adeleke was later joined by order of court. In a nutshell, the Plaintiff's case before the High Court was that be purchased the land in dispute from Eleruko line, a branch of Alasoro Family of Foko, Ibadan, that the land was part of Alasoro Family land which was granted to them by Alaran of Alaran Family. The purchase was evidenced by a deed of conveyance registered as No. 13 at p.13 in Vol. 334 of the Register and dated 25…