The Plaintiff pleaded that the 1st Defendant was a tenant in two of the Plaintiffs shops within Risawe Chieftaincy palace. He further pleaded that the 2nd Defendant's father, Samuel Olowofoyeku was a licensee to his father, Chief Omole Adedeji in respect of an apartment containing the shops now in dispute. The apartment was situate on a stool land belonging to the Risawe Chieftaincy family. Being a stool land, no member of the Risawe family could alienate it. The stool land was identified as being at Isida/Ereja quarters, Ilesha. The Plaintiff pleaded that the 2nd Defendant's senior brother as head of the 2nd Defendant's family continued to pay traditional tributes to the successors to Plaintiffs grandfather as Risawe after the death of both Plaintiffs' grandfather and the Defendant's father. There arose a dispute within the Risawe Chieftaincy family as to succession to the stool. The dispute was the subject of Court litigation which lasted between 1975 and 1985. The Risawe Chieftaincy stool as a result could not be filled. The 2nd Defendant's senior brother continued to acknowledge the Risawe Family's ownership of the land until his death in 1972. The Plaintiff succeeded to the Risawe stool in 1985. The 1st Defendant however refused to acknowledge the Plaintiff as the owner of two shops in the apartment in respect of which the Defendant's father had been a licensee to the Risawe family. Rather, he acknowledged the 2nd Defendant's family as his landlord. The Plaintiff caused letters to be sent to the 2nd Defendant protesting the development and asking for his reaction. The 2nd Defendant reacted claiming that the land belonged to his family. The Plaintiff then brought his suit claiming as earlier stated above.

In his statement of defence, the 1st Defendant pleaded that he became a tenant to 2nd Defendant's family in 1963 and that he had since been paying rents to the family. The 2nd Defendant pleaded that the shops in dispute were built by his father Samuel Olowofoyeku between 1910 and 1911 on a piece of land granted to him in perpetuity by Plaintiff's grandfather. The 2nd Defendant's father in 'thankful consideration gave 3,000 cowries and two bottles of gin to Plaintiff's grandfather. These were shared amongst members of the RISAWE family. The family of the 2nd Defendant succeeded into the interest of Samuel Olowofoyeku at his death and had since remained on the land. They also put tenants in some of the shops. The 2nd Defendant's family has since not paid any tribute or rent to the Plaintiff's family. The 1st Defendant was a tenant to the 2nd Defendant's family in two shops now in dispute. The 2nd Defendant pleaded that the shops in dispute belonged to his family. He finally pleaded laches, acquiescence and the limitation law.

On 26/06/96, the trial Judge in his judgment dismissed the Plaintiffs claims.

The Plaintiff brought an appeal before the Court of Appeal, Ibadan. On 3/04/2001, the Court of Appeal in a unanimous decision dismissed the Plaintiff's appeal.

Still dissatisfied, the Plaintiff appeal to the Supreme Court.