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KAWU, J.S.C. (Delivering the Leading Judgment): On the 7th day of May, 1990, I dismissed this appeal and reserved my reasons for the judgment till today, 13th July, 1990. I now proceed to give the reasons.
The appellant in this appeal was defendant in an action instituted by the respondents in the High Court of Lagos State, Ikeja Judicial Division, claiming as follows:-
1. "Declaration of title under native law and custom to all that piece or parcel of land situate and lying and being at Onilekere farm, Agege Ikeja Division Lagos State Nigeria.
2. Possession ...
Pleadings were ordered, filed and delivered.
The case for the plaintiffs in the High Court, as revealed by the amended statement of claim and evidence led thereon, is that the land in dispute originally belonged to Afogunlowo who made an absolute grant of it to Olowe, the father of Moriamo Osunyemi, several years ago. After the death of Olowe, the land devolved on Moriamo Osunyemi, his daughter, according to Yoruba native la…