L. B. FOLARIN V. OYEWOLE DUROJAIYE

OBASEKI, JSC (Delivering the Leading Judgment): This appeal concerns title to land and the short point in it is whether the vendor from whom the Appellant bought and obtained a transfer of title, herself acquired any interest in the land which she could convey to the Appellant.

The Appellant was the Plaintiff in the High Court of Oyo State holden at Ibadan where he filed a suit - Suit No. 1/199/79 against the Respondent as Defendant claiming:

(1) A declaration that the Plaintiff is entitled to be granted a Certificate of Occupancy under the Land Use Decree in respect of plot 98 Orowuyewuye Layout, Oke Ado, Ibadan shown on survey site Plan No. LL. 3769 dated 10th September, 1965;

(2) ₦1,500.00 damages for acts of trespass committed and being committed by the defendant on the plaintiff's land at plot 98 Orowuyewuye Layout Oke Ado, Ibadan;

(3) Injunction restraining the defendant, his agents, his servants and/or anyone through him from committing any further act of trespass on the said l…