S. A. OGUNBIYI V. S. B. ADEWUNMI

C. A. OPUTA, J.S.C. (Delivering the Leading Judgment): This is a comparatively very short appeal as the issues in controversy have been considerably narrowed down by the substantial concession made by Mr. M. O. Oseni, learned Counsel for the Appellant. Having conceded the issue of title, there was only one subsidiary and accessory issue left for argument and calling for a decision namely:- whether from the facts and circumstances of this case, it can be maintained that the Plaintiff/Appellant established such possession as to enable him succeed on the issues of trespass and injunction? To help resolve this issue it may be convenient to set out the claims before the court of first instance and the concurrent findings of the two lower Courts.

The Plaintiff, now Appellant in the court sued the Defendant/Respondent claiming as follows:-

(i) Declaration of title in fee simple or according to native law and custom to that piece or parcel of land situate at Oniponrin near Ibadan Grammar Sch…