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U. OMO J.S.C. (Delivering The Leading Judgment): This case on appeal was commenced twenty four years ago (1967) in the High Court of Lagos State, When the Plaintiffs/appellants, the Beku-Onimaba family of Igando village, sued the Osumba family of Ikotun village, claiming a declaration of title to part of their land called Moba, damages for trespass thereon by the defendants/ respondents and an injunction to restrain them from further trespass on the said land. The defendants/respondents vigorously denied these claims, asserting that the land claimed is part of their land called Mope.
Pleadings and plans were filed and exchanged by the parties. The plaintiffs/appellants produced survey plans to show the land in dispute (Exhibit A) and the whole of their land (Exhibit B),whilst the defendants/respondents tendered Exhibit G which cover not only the land in dispute but a larger parcel of land encompassing it which they claim belong to them. An identical plan tendered in a previous litigat…