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BAIRAMIAN, F.J.: The plaintiffs complain against the judgment of the 30th November, 1961, which dismissed their Suit (Ibadan No. 257/58). In their appeal they repeat their claim for a declaration of title to the land in plan CK 160/59 (on which it is shown edged red), abandon mesne profits and confine the old claim for an injunction against the defendant entering the land to one against his gathering "ishakole" from the tenants. The defendant, they said, belongs to the plaintiffs family and may go on the land like any other member of the family; their complaint is that he is claiming the land to be his own and keeping all the" ishakole" to himself, instead of sharing it with the family. It amounts to #32,000 or more a year.
The defendant admitted in evidence that:-
"If tenants are put on family land members of the family should share the "ishakole"; but the land in dispute is mine.
The issue is whether the land belongs to the family.
Briefly put, the plaintiffs' case is that the land …