SHITTU ADEOSUN V. LAWANI BABALOLA & ANOR.

UDO UDOMA, J.S.C. (Delivering the Leading Judgment): The appellants were the plaintiffs in Suit No. 11/63 in the Ibadan No.3 Grade B Customary Court wherein the claim against the respondents therein defendants was for:-

"Declaration of title to the piece of land at Itutaba, Ibadan bounded on the right by the Agodi Street, Taffy Highway, the left by Oluwa's house, on the third side by a foot path and Ojuoje's land, on the 4th side by Ega land. Injunction to restrain the defendants from committing further acts of trespass."

At the hearing in the Customary Court, the appellants tendered and relied upon the judgment in their favour in suit No. 245/60- Yesufu Alabi v. Fakunle Agoro-of the Ibadan Judicial Native Court concerning the land in dispute in the present case and the plan No. C.K. 359/63 dated 12th November, 1963 both whereof were admitted in the proceedings and marked exhibits B and F respectively. On the plan, exhibit F, are delineated and shown two areas of land-one larger and…