TIJJANI ABUBAKAR, JCA (Delivering the Leading Judgment): This appeal stems from the Judgment of the High Court of Lagos State delivered by Martins J, on the 23rd day of February, 1996, in suit No. ID/682/1981.
At the Court below, the Respondents as Plaintiffs commenced action by writ against the Appellants as Defendants. The issue culminating into the action at the Court below arose from dispute relating to ownership of land used by the Appellants as Mosque. The genesis of the dispute is that, Olofin Sarunmi who reigned as the Oba of Isheri Oke Church between 1901 and 1928, built a mosque and worshipped along with other Muslim worshippers in the Isheri Oke Church Community until his death. That after the death of Olofin Sarunmi, the Muslim Community continued to worship.
The Respondents in this appeal were surprised that the Appellants led by the 1st Defendant built another Mosque on the land adjacent to the Mosque, and subsequently demolished the old mosque and replaced same with an un…