OGUNDAIRO (BALE OF IJAKO-ORILE) AND ORS V. I. B. OKANLAWON AND ORS

TAYLOR, J.S.C. (delivering the judgement of the Court):-The plaintiffs in the Court below were representatives of Awaiye Village, and the defendants of Ijako-Orile Village. The claim was for a declaration of title to Awaiye farmland and an injunction to restrain the defendants, their servants and agents from further trespass to the land in dispute. The plaintiffs' case on the pleadings was that their ancestor Badejoko was the first settler on the land in dispute and that the defendants are the owners of the land on the Western side of the Iniya stream referred to as Ijiako-Orile farmland. The Iniya stream, the plaintiffs say, is their natural boundary with the defendants. The defendants, on the other hand, plead as follows in paragraph 1 of their Statement of Defence:-

"The defendants deny paragraph I of the Statement of Claim and aver that the plaintiffs are customary tenants to the defendants in respect of the area of land in dispute and had hitherto paid rent 'Ishakole' to the defe…