Briefly stated the plaintiff's case is that the land in dispute forms part of a large tract of land originally belonging to one Fijabi by settlement. In his life time Fijabi granted absolutely a portion of his land to Alade, the great grand-father of the plaintiff. A lade gave birth to two children, Dada (male) and Iyabode (female), Iyabode died without issue and Dada inherited. Alade's landed property. The grant devolved on Dada's children including the plaintiffs father who exercised various acts of ownership and possession on the land right from the grant including for example a grant made by Dada to one Fagbemi, the father of the defendant for building and farming purposes. The area granted to Fagbemi by Dada is verged, yellow in the plaintiffs plan Exhibit A in the proceedings. The defendant had built houses on the area granted to his father and the plaintiff is not claiming that portion of the land edged yellow.

On the other hand, the defendant claimed that the land in dispute did not at any time form part of the land originally owned by Fijabi. He said one Abodunde Ajagbe Igo, his grand-father acquired same by settlement and that the property had devolved on him by inheritance. He claimed that it was Abodunde Ajagbe who made an allotment of part of the land in dispute to Dada, plaintiffs grand¬father and not to Alade, plaintiff's great grand-father, and that it was on the basis of payment of Ishakole or tribute by Dada.

At the conclusion of evidence counsel on both sides addressed the Court. The learned trial judge in a reserved judgment carefully considered the facts of the case and the issues raised before him and found for the plaintiff.

Dissatisfied with the judgment of trial High Court, the defendant appealed to the Court of Appeal holden at Ibadan. The Court of Appeal dismissed the appeal, hence this further appeal to the Supreme Court.