G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Western State Court of Appeal in appeal No. CAW/97/72 judgment having been delivered on the 15th of November 1974. The case came before the Western State Court of Appeal on appeal against the judgment of the High Court of Ibadan (Abina, J.) For the purpose of this appeal, we shall restrict ourselves to the grounds canvassed before us but in doing so, we wish to refer to relevant portions of the judgment of the High Court and the Western State Court of Appeal, the High Court judgment inter alia reads:-
"In this case the plaintiffs' claim against the defendants jointly and severally are for:
'1. Declaration of title under Native Law and Custom to all that piece or parcel of land situate lying at Lebanon Street and Onireke Street Gbagi, Ibadan.
2. Possession of the said piece and parcel of land.
It is very important in view of paragraph 4 of the Statement of Defence in Suit 1/120/49 wh…