IN RE: YESUFU FALEKE MOGAJI V. OYEDEJI AKANBI MOGAJI & ORS

NNAMANI, J.S.C. (Delivering the Leading Judgment): On 4th December. 1985, I dismissed this appeal and indicated that I would give my reasons for so doing today. I now give my reasons.

The proceedings which led to this appeal arose in the course of hearing in Suit No. 1/299/82. In that Suit the first set of Respondents as Plaintiffs had sued the second set of respondents claiming as follows:-

"(1) against the 1st defendant for possession of the parcel of land belonging to and declared as property of the Plaintiffs in Suit CV/35/69, situate at Odejimi Compound, Oke-Offa Baba Sale, Ibadan and bounded as follows:-

(a) In the front by Oje Market to Oke Offa

(b) On the right by Karimu Alhaji's house

(c) On the left by Ebenezer Tailor's shop

(d) At the back by Rasaki Ajani's House.

(2) The Plaintiffs claim against the 2nd Defendant for possession of the parcel of land belonging to and declared in Suit CV/35/69 as property of the plaintiffs and situate at Odejimi's compound, Oke Offa, Babasa…