The facts of the case are that one Felix Olatunde Thomas owned a large tract of land at in Onigbagbo Village, Ikeja District, Lagos.

He inherited it from his mother, Mariam Ayodele Gooding who had inherited the land from her father James Gooding, being his only child. By an instrument dated 25 September, 1972 registered as No, 42 and page 42 in volume 1409 of the Lands Registry in the office at Lagos, the said Felix Olatunde Thomas conveyed a portion of his land to the Appellants. The survey plan attached to the deed of conveyance shows that the vendor had laid out his land into ten plots, which he duly numbered 1 to 10. The portion conveyed to the Appellants comprised two of the plots, numbered 3 and 4. The beacon Nos. are EB 164, EB 219, EB 225 and EB 226 for plot 3, while plot 4 bears EB 212, EB 213, EB 225 and EB 226. The two plots share a common boundary lengthwise with beacon Nos. EB 225 and EB 226. The deed of conveyance was admitted as Exhibit 1. By an instrument dated 31 January 1973, registered as No. 29 at page 29 in volume 1415, Felix Olatunde Thomas Conveyed plot 2 to one Mr. Nasirudeen Akinola Durosimi-Etti. The beacon lumbers are EB 160, EB 212, EB 224 and EB 225. Plot 2 shares common boundary with plot 4 breadth-wise with beacon Nos. EB 212 and EB 225.

The Appellant retained his said parcel of land of two plots. Durosimi-Etti did not retain his. On 21 April, 1977, he conveyed his land to one Madam Hannah Meude which was registered as No. 53 at page 53 in volume 1622. The deed of conveyance was admitted in evidence as Exhibit 4 and Exhibit 4A. On 30 November, 1978, Madam Hannah Meude conveyed to Iyabo Omobonike Adebiyi and the deed was registered as No. 22 at page 22 in volume 1794. It was admitted as Exhibit 5. The history of transfer of that land by deed of conveyance terminated with Exhibit 5.

Then on 30 September 1983, the 1st Respondent Mr. Emmanuel A. Alao issued a receipt in the sum of N80.000.00 to the 2nd Respondent being full purchase price of his plot of land known as No. 9 on survey plan No. J.O. 333/77 with pillar Nos. BL 2951, BL 2952, BL 2972 and BL 2973. The receipt was admitted as Exhibit 7. It is the land for which Exhibit 7 was purportedly issued that is now alleged was plot 2 and which is now the subject matter of this case.

The Defendant averred that the said portion of land specifically formed a portion of a larger area of land at Opebi Village originally owned by one James Gooding who died many years ago and as a result of which the land devolved on Mariam Ayodele Gooding according to Yoruba Native law and custom. The Defendant further averred that the land devolved upon Felix Olatunde Thomas, the son of Mariam Ayodele Gooding, upon her death, and that Nasirudeen Akinola Durosimi-Etti bought his piece or parcel of land from Felix Olatunde Thomas who duly executed a Deed of Conveyance in favour of the former. That Mr. N.A. Durosimi-Etti having enjoyed his peaceful possession and ownership for about five years sold and conveyed the said parcel of land to Madam Hannah Meude who thereafter conveyed the said piece of land to Iyabo Omobonike Adebiyi. Mrs. Iyabo Omobonike Adebiyi had a caretaker on her land, Mr. E.A. Alao, who was her attorney and was responsible for the maintenance of the land. It was the said Mr. E.A. Alao the 1st Respondent and who claimed to be Mrs. Iyabode Omobonike Adebiyi's attorney, who sold the land to Tosil Holding Ltd., the 2nd Respondent. The Defendant/Appellant further alleged that the Plaintiff's plot or piece of land (if any) is different and distinct from the Defendants. Both parties traced their roots of title to Mr. Felix Olatunde Thomas. The bone of contention was the identity of the land sold to each party.

The Court gave Judgment for the Defendants/Respondents, which judgment was affirmed on Appeal.

Dissatisfied, the Appellant has further appealed to the Supreme Court.