RHODES-VIVOUR JCA (Delivering the Lead Judgment): On 30 April 1975, judgment was delivered by the Supreme Court in Asani Taiwo and Ors. v. Adamo Akinwumi and Ors. (1975) 1 All NLR 202. The facts and antecedents are as follows: In suit No. IK/174/63, the Ijesha-tedo people of Lagos State (as plaintiffs) took out a writ against the Itire people for damages for trespass to land and injunction.
In another suit No. IK/204/63, the Itire people also of Lagos
State (as plaintiffs) against the Ijesha-tedo people as defendants, a declaration that as their customary tenants under native law and custom, the Ijesha-tedo people have forfeited, for misconduct, all their rights in the land as customary tenants. They also claimed damages for unlawfully cutting down the Itire peoples’ palm trees and other economic trees on the land and also claimed for recovery of possession of the land. Both suits were consolidated and heard together. On 2 November 1973, judgment was delivered by the High Court of L…