G. B. A. COKER, J.S.C (Delivering the Lead Judgment):
On the 4th December, 1972, after listening to the argument of learned counsel on both sides, we allowed the appeal in this matter and indicated then that we would later give our reasons for doing so. The order we made then is as follows:-
"After listening to both sides, we allow the appeal of the plaintiffs, set aside the judgment of the Western State Court of Appeal and restore the judgment of the High Court in Suit No. HOS/23A/ 68. We will give our reasons later. We award costs in favour of the appellants fixed in this court at 87 guineas and in the Western State Court of Appeal at 130 guineas."
We now give those reasons.
The appellants were the plaintiffs in case No. C 19/64 instituted by them in the Ilesha Divisional Grade 'A' Customary Court where their writ, as amended, was endorsed as follows:-
"1. The plaintiffs claim against the defendant a declaration of title to the piece of land situate and lying at Iwara Road, Ilesha and. …