BRETT, J.S.C. (delivering the judgement of the Court):-This is an appeal by the defendant against the judgement of the High Court of Western Nigeria, in which the plaintiff was granted a declaration to a piece of land edged pink in the plan attached to his Statement of Claim, and an injunction restraining the defendant from entering on the land.
In his Statement of Claim the plaintiff pleaded a grant made to his family some eighty years ago by the Ojowo Oshogbo Community, and continuous possession ever since. The defendant pleaded that he had inherited the land from his father, and further that the plaintiff was estopped from laying claim to the land by virtue of a decision given on appeal by the Resident and confirmed by the Governor on further appeal in a suit oridnating in the Ijebu Igbo Native Court, in which the defendant's father was the plaintiff and Yesufu Ola was the defendant. The father of the plaintiff in the present suit had given evidence on behalf of Yesufu Ola and said…