ALHAJI KARIMU ADISA V. EMMANUEL OYINWOLA & ORS

E. O. AYOOLA, JSC (Delivering the Leading Judgment): This is an appeal from the decision of the Court of Appeal (Akanbi, Kutigi, JJCA (as they then were) and Omololu-Thomas, JCA). That court dismissed an appeal from the decision of the High Court of Oyo State (Okeyode Adesina, J) whereby judgment was entered against the defendant. The original plaintiff was one Alhaji Jimoh Akano, described as the Ikolaba of lgbetti, who claimed as representative of the Ikolaba family against the defendant, in his personal capacity, a declaration of customary right of occupancy to a piece of land described as 'land of Ikolaba of Igbetti', situate at Kishi in Oyo State, damages for trespass and injunction. Adesina, J., on 2nd July, 1985 entered judgment for the plaintiff, granted the declaration sought, awarded damages against the defendant for trespass and restrained him from committing further acts of trespass on the land. The defendant's appeal to the Court of Appeal was dismissed on 21st June, 1988…