The plaintiff's case was that the land in dispute originally belonged to Ataoja Matanmi who made a grant of it to the plaintiff's ancestor called Ojo Alegbeleye. The land in dispute was said to be within the Oshogbo township walls and that the land. Within the town walls had been settled to belong to Oba. It is the Oba that used to grant the area within the town walls to other people. The Ataoja Matanmi granted large parcel of land including the land in dispute to Ojo Alegbeleye. Ojo Alegbeleye was succeeded on the land by various heads of the family including Gbadamosi Olaniyan. It was the plaintiff's case that each of these heads built houses on the land as well as farming the land and they planted economic trees thereon such as Kola, Coconut, Cocoa and Food Crops. Grants were made of parts of the land to persons who were not members of Alagbeleye family while the family remained in possession of the area not granted.

Some of the grantees of the Alegbeleye family include Orisabatayi – the ancestor of Abinusedub family whose descendants are in possession of the areas not so granted as shown in Exhibit "B" (plaintiff's survey plan) some mechanics who built workshops on the land and pay rent for their holdings, the District Council and Nawarudeen for building schools and Asani who built a house on the portion granted to him. The parcel in dispute are marked "C" and "D" and edged blue in exhibit "B". These are small part of the entire area alleged to have originally belonged to the Alagbeleye family by virtue of the grant from Ataojo Matanmi.

The defendants' case was that the land in dispute belonged to the 1st defendant's family, Bale Gbonmi. It was the defendants' case that the land in dispute belonged to Bale Gbonmi whose father settled on it and it was located in Gbonmi area. That Bale Gbonmi made grants of part of the land to Alagbeleye and the Abinusedun families (the 3rd and 4th defendants). It was also their case that the land in dispute was in Gbonmi area and also within Oshogbo town walls though maintained that Gbonmi is a separate town from Oshogbo. They also claimed that it was Bale Gbonmi that made a grant of some portions of the land to the district Council and Nawarudeen to build schools and not plaintiff's family.

The learned trial Judge in a considered judgment granted all the reliefs claimed by the plaintiff. N100.00 damages for trespass was awarded against the 1st and 2nd defendants and an order of injunction was made against all the trial Judge and appealed to the Court of Appeal, Ibadan Division. That appeal was dismissed and they further appealed to this court.