POPOOLA OLUBODE & ORS. V. ALHAJI AKINOLA SALAMI

D. O. COKER, J.S.C. (Delivering the leading judgment): The parties in this appeal were neighbours, occupying adjoining compounds at Oja 'gbo, in Ibadan, and a common boundary separated them. The Plaintiffs, the Olubode family, are the Appellants, while the Defendant, Alhaji Akinola Salami, a member of the Agoro family, is the Respondent.

These proceedings were commenced in the former Western State of Nigeria High Court, Ibadan Judicial Division. The Olubode family, through their representatives, claimed against the defendant, declaration of title to a parcel of land, alleged to be part of their compound. They also claimed damages for trespass and an order of injunction. Pleadings were ordered and filed. Each party filed a plan of the land showing several structures and other features thereon. The case was first heard by Aguda, J., as he then was, and resulting from appeals against his judgment, the case was heard de novo by Ayoola, J., in the High Court of Oyo State. In a carefully c…