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NNAEMEKA-AGU, J.S.C. (Delivering the Leading Judgment): This is an appeal by the defendant against the judgment of the Court of Appeal, Lagos Division, which had reversed the judgment of Okuribido, J., who had dismissed the plaintiff's claim for title under native law and custom to and possession of that piece or parcel of land situate lying and being at Oseni Street, Obele Kolade, Lawanson, Surulere.
The case in the court of trial turned on whether the land in dispute was that of the plaintiff or the 1st defendant. At the court of trial a number of facts were really not in dispute. They were:
(i) That the plaintiff claims the land in dispute through one Joseph Olusoye Johnson who was granted the land by Abayomi Anjorin Family on a form of lease in 1940 at an annual rent of 5/- and a bottle of gin;
(ii) That Johnson was put in possession and erected a house on it in 1940, rebuilt in between 1944 and 1945;
(iii) That the land was formerly called Obele Kolade, later No.5 Obele Kolade vā¦