OGUNDARE, .J.S.C. (Delivering the Leading .Judgment): It is agreed by both parties herein that the Oloto family of Lagos had the radical title to the land in dispute. Plaintiffs traced their root of title by purchase through one Bello Bashorun to the Oloto family. The defendants also traced theirs by purchase from the same Oloto family. At the trial, the plaintiffs tried as they could but were unable to produce in evidence the conveyance by which Bello Bashorun bought from the Oloto family in 1910 a large piece or parcel of land that included the land in dispute. In spite of this lapse in their case the learned trial Judge gave judgment in their favour. The defendants appealed unsuccessfully to the Court of Appeal and have now further appealed to this Court contending
(a) that as the plaintiffs failed to establish their root of title as pleaded their action ought to have been dismissed and
(b) that section 129 (now section 130) of the Evidence Act was wrongly applied in favour of the…