DAVID OGUNLADE V. EZEKIEL ADELEYE

U. OMO, J.S.C. (Delivering the Leading Judgment): In Suit No. AC/l3/77 filed at the Ekiti North Grade 1 Customary Court, the plaintiff/respondent claimed from the defendant/appellant

"(a) 56 tins of palm oil at the current value

(b) 1,400 kolanuts at the current value

(c) N28.00

all being the twenty-eight (28) years arrears of Tribute (Isakole) payable to the plaintiff by the defendant as customary tenant of the plaintiff in respect of plaintiffs' land at Orimo farmland, Aiyedun-Ekiti.......... "

In view of the submissions of defendant/appellant's counsel before us it is necessary to state that under the heading "claim" at page 1 of the record of proceedings, the following paragraphs follow:

"By the judgment of the Ikole Native Court on 2nd July, 1948 in case No. 113/48 the defendant was ordered to be paying the plaintiff two tins of palm-oil, 50 kolanuts and N1.00 (one naira) annually as Isakole.

The said judgment was confirmed on appeal by the Ekiti Divisional Court and later by…