The case of the Appellant as narrated by the learned trial Judge is as follows: The Appellant's grandfather, Ogunyemi, was granted a parcel of land by Oba Atoloye, the first Olafa of Ofatedo about 100 years ago. Oba Atoloye came into the possession and ownership of the parcel of land through a grant by one Balogun Oshungbekun of Ibadan about two hundred years ago. At the time of the grant by Balogun Oshungbekun, Ofatedo and some other districts around there were administered by Ibadan. The Appellant's grandfather was succeeded by his father, Ogunyemi. The Appellant and his other members of the family inherited the land. They planted economic crops such as cocoa. kola nuts on the land in dispute until 1985 when the Respondent entered the land. The entry resulted in the action filed by the Appellant in a representative capacity.

The case of the Respondent is different. It is as follows: The land in dispute was bought from the owner, Oba Laoye, the late Timi of Ede sometime in 1976. The late Timi of Ede acquired the land by conquest about 200 years ago. Possession of the land was delivered to the Respondent in the presence of three other people he called as witnesses. The Respondent also pleaded the doctrine of res judicata based on the fact that the land in dispute is part of a larger parcel of land over which there was a litigation originated in the High Court in 1964 between Timi of Ede, Oba Laoye and Oba Bello Oyewusi of Idoo-Oshun.

The Appellant called five witnesses. The Respondent called four witnesses. The learned trial Judge gave judgment to the Appellant. An appeal to the Court of Appeal succeeded. The Appellant has come to this Court.