SAKARIYAWO OSHODI, SINCE DECEASED (NOW REPRESENTED BY DISU AKINYEMI OSHODI) V. BRIMAH BALOGUN AND OTHERS

JUDGMENT OF THE LORDS OF THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL

[Delivered by LORD MAUGHAM,] In this case the plaintiffs (the respondents) by an action commenced on the 16th August, 1927, sought against the defendant Sakariyawo, Chief Oshodi, as head and representative of the family of Chief Oshodi Tappa, deceased, a declaration that the plaintiffs are owners in fee simple of the property lying and being at No. 16, Ajia Ijesha Court, Oshodi Street, Lagos, Nigeria. There was no counterclaim and the defendant was content to admit that he claimed the property on behalf of himself and as head and representative of the Raid family and to deny the title of the plaintiffs on whom the onus of establishing the alleged title must rest. The original defendant is now dead and the family is represented by Disu Akinyemi Oshodi the present appellant.

The main facts are not in dispute and may be shortly stated. The territory of Lagos was ceded to the British Crown in 1861; but the cession did not …