The plaintiff who is the Appellant now before us bought a piece or parcel of land from one Alhaji Alli Isiba who executed a deed of conveyance in his favour. This was in 1977. The land in dispute is the land sold by Alhaji Isiba to the Plaintiff and was said to form part of the land Alhaji Isiba bought from Bamgbola Amao. Bamgbola Amao for his part had bought from the Owodina family a large piece of land part of which he sold to Alhaji Isiba. On entering into possession the family of Bamgbola Amao disturbed the Plaintiff on the land claiming that the land was theirs and threatening to quit the Plaintiff from the land. The Plaintiff made his peace with the Bamgbola Amao family by repurchasing the land from them for the sum of N6, 000.00. The family issued him with a receipt dated 15th December, 1977 tendered in evidence as Exhibit 3 at the hearing of the action leading to this appeal. On the Plaintiff paying the purchase money, the Bamgbola Amao family allowed him to remain possession of the land.

Following his purchase of the land the Plaintiff took possession, built a walled fence round the land and commenced building operations on it. While his building operations were going on the original 2nd Defendant, Adefolu Koleosho who was Managing Director of the 1st Defendant came on the land, pulled down Plaintiff's building and commenced a new building on the land. Both sides made reports to the Police and in the end the Plaintiff instituted the action leading to this appeal.

The Defendants claimed that the land in dispute was part of the land which one Hashimi Adekunle Smith sold to the 1st Defendant. Their case is that Owodina in 1904 sold a large piece of land of which the land now in dispute forms part to one Olukotun. Olukotun was in possession until is death in May, 1918. Olukotun left a Will. The executors of his Will after proving the Will conveyed Olukotun's land to his widow Moroundiya Labode and executed a Deed of Conveyance in her favour, this was in 1920. Labode in 1960 sold her land to one Suleman Thanni Balogun and executed a Deed of Conveyance in the latter's favour. It was this land Balogun sold to Adekunle Smith by virtue of a Deed of Conveyance dated 2/10/65. Adekunle Smith in turn sold the said land to the 1st Defendant in November, 1969 by virtue of a Deed of Conveyance. The Defendants were put in possession and fenced round the land. In 1977 one Bashorun disturbed them on the land and they drove him off. In 1982 the Plaintiff came on the land, disturbed their possession and burnt the plants they had on the land, that is mechanical excavator and a tipping truck. A report was made to the police and Plaintiff later instituted an action against them.

After hearing evidence the trial court found that both parties failed to prove title and dismissed their claims.

The court, however, found in favour of the respondents in trespass and awarded N500.00 damages and an injunction.

Appellant appealed against this decision while the respondent cross-appealed. The Court of Appeal dismissed the appellant's appeal and allowed the respondent's appeal on the issue of title but however dismissed the part dealing with exemplary damages for trespass.

Appellant further appealed to the Supreme Court and the respondents cross-appealed on damages.