G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Western State Court of Appeal in Suit No. CAW/82170 delivered on 18th March, 1971 whereby the judgment of the High Court, Ibadan (Aguda J.) in Suit 1/17A/67 was set aside.
The action, which is the subject matter of this appeal, originated from the Customary Court, Olode Grade 'B' in Suit No. S13/64. The plaintiff's claim in that court reads:
"(1) Title to ownership and recovery of plaintiffs father's farmland siutate and being at Olode village via Aiyegun, Ibadan District bounded on one side by Ajota, second and third sides by Adekomi, fourth side by Apabielesin, bisected by Olode stream from the defendant. The farmland valued about 100(pounds).
(2) Injunction restraining the defendant, his servants, agents, family or anybody claiming through him from further trespassing therein and thereon the farmland.
(3) Any other relief which the Court can afford."
The case was tried in the Olo…