OLUJEBU OF IJEBU V. OSO, THE ELEDA OF EDA

G. B. A. COKER, J.S.C. (Delivering the Leading Judgment): This case has been the foundation of some painful litigation spanning a period of at least 20 years between the two neighbouring communities of Ijebu and Eda in the Ikole District of Ekitiland. The proceedings originated in the Ekiti Divisional Native Court, Ikole, where by virtue of a writ issued in 1952 (Case No. 47/52), the present respondent, as plaintiff, had claimed against the present appellant, then defendant, as follows:-

"(1) Declaration of title to the whole piece of land situated within the Eda Village area of Ikole District and known as Asemi Oniko farm-land and separated from the defendant's portion of land by ancient boundary mark still seeable (sic) on the land till today.

(2) Court's injunction against the defendant and or his people to cease molesting plaintiff and his people over the land."

As stated, the case was heard by the Ekiti Divisional Native Court which after a full hearing entered judgment for the…