The Appellant as plaintiff representing himself and Isolo of Isanlu Isin family sued the Respondent as defendant representing himself and Asanlu family in the Ayangba Upper Area Court claiming a declaration of title to a large parcel of land and an injunction restraining the defendant from entering the land and from interfering with the economic trees thereon. The case for the Plaintiff in the trial court was that the land in dispute belonged to his fore-fathers and that recently the defendant has entered the land and started clearing it. In his defence the defendant not only denied the plaintiff's claim but counter- claimed informally in accordance with the practice of Area Courts that the disputed land was founded by his fore-fathers and his family have been in possession since then.

At the trial of the case both parties called witnesses who gave traditional evidence of how their ancestors got to the land in dispute. The trial court inspected the land in the presence of the parties and took further evidence at the locus in quo. There is no plan made by a surveyor. However, in accordance with the normal practice of Area Courts, the trial court made a sketch plan of the land shown to it by the parties. In a considered judgment, the trial court found that both par¬ties have been in occupation of some portions of the disputed land and each party has exclusive possession of his own area. Consequently, the trial court awarded part of the land to the plaintiff and the other part to the defendant.

Not satisfied with the decisions of the trial court, the defendant appealed to the llorin High Court which dismissed his appeal and affirmed the decisions of the trial court. He further appealed to the Court of Appeal and that court allowed the appeal. Plaintiff has now appealed to this Court.