Appellant sued the respondents, claiming possession to a piece of land at Ogo’s Compound, Ojaigbo Ibadan, the appellant based his claim on a judgment awarding title to the land in dispute to him against one Buraimoh Ojo Dalegan, (a descendant of Respondent’s vendor).

The respondents argued that they bought the land in dispute from appellant’s father long before the action on which judgment the appellant relied was commenced and they built houses on the land without any problem from the family of the appellant.

The trial court found that were:

The facts in brief, are as follows: the land in dispute formerly formed part of the land owned by one Aige, a Yoruba man and native of or an indigene of Ikorodu, Lagos State under customary law or native law and custom. On his death intestate, the property devolved on his children as family property. At some time later, the family decided to partition the family property at Aige family and allotted the land in dispute to one of the descendants of Aige by name Chief T.K. Dada. After his death, the family conveyed by deed of grant the said parcel of land to:

Thereby dismissing appellants case.

The Court of Appeal found no reason to interfere with the findings of the trial court. He appealed to the Supreme Court.