BAIRAMIAN J.S.C. (Delivering the judgement of the Court-)
In the Ibadan Suit No. 26/59 the plaintiff claimed a declaration of title to a piece of land at Mokola, lbadan, and an injunction. Taylor, J., (as he then was) gave him judgement on 28 September, 1959 for both; the defendants (who defended for the Oko family) appealed, and the appeal was heard on the 23rd September, 1966. Mr A. G. O. Agbaje argued for the defendants, and Mr Y. Ayoola for the plaintiff.
The Statement of Claim alleges that the piece of land in dispute is part of an area which belonged to Omiremi according to customary law, who in 1939 sold according to customary law some of that land to AlIi Adeleke Eleran, also called Ladunni, who divided what he bought into three pieces and sold one piece to Allah Ajuwon (the plaintiffs father) in 1941, and the other pieces to others later.
The Defence alleges that the entire area belonged to Oko, their grandfather, who had three children namely Odenike, Omiremi, and Babajide; tha…