The appellant (as plaintiff) claimed against the respondent (as defendant) in the High Court a declaration of title to a piece of land together with the building thereon situate at Plot 13, Block A on Olu Akintunde Layout, Aperin, Oniyere Area, Ibadan. He also claimed special and general damages for trespass and injunction.

The appellant's case is to the effect that e land in dispute forms a part of a large tract of land which originally belonged to Abina family through an absolute grant from one Kure. The appellant retracted these allegations, without amending his statement of claim, by admitting in paragraph 3, 3, 5, 6, 7 and 8 of the statement of claim were made in error and that the correct traditional evidence of the land was to the effect that the land originally belonged to Adedehin family through absolute grant by Kure. This, in effect, was an admission of the statement of defence. The Adedehin family sold a portion of their family land including the land in dispute to one Chief M. O Akintunde by virtue of a deed of conveyance, Exhibit B, in 1971. The parcel of land was laid out into building plots and the appellant bought Plot 13, Block A from Chief Akintunde under native law and custom. The appellant started building operation on his plot in 1980 and the building was being roofed in 1982 when the respondent destroyed and removed all the iron sheets and planks on the said building. It was the destruction that led to the issue in this appeal.

The respondent traced his root of title to Adedehin family through Chief S B Adewunmi who sold the land in dispute to the respondent under native law and custom. Chief Adewunmi bought a large tract of land from Adedehin family by a Deed of Conveyance in 1962. The respondent began development on the land in 1978 without let or hindrance until 1981 when he abandoned the house at Lintel level for want of fund and the appellant commenced roofing the same to the utter dismay of the respondent who went ahead to dismantle the roof of which the appellant had mounted on the respondent's structure.

Following a due trial of the case, the learned trial Judge in a reserved judgment dismissed the plaintiff's claim.

Dissatisfied with the judgement, the plaintiff appealed to the court of Appeal.