In 1972 in the Owo Grade 'B' Customary Court of the then Western State of Nigeria, holden at Owo, one Chief Ikori Olafisoye of Owo, the present plaintiff's predecessor, sued Salami Fabolude claiming owner¬ship of the land in dispute and an injunction as follows:

Declaration of title to a piece of farm land situate, lying and being at Aratun camp - Owo. An injunction restraining the defendant his servants and/or his agents from committing any further act of tres¬pass on the said land. The value of the land is £100."

"the piece of land does not belong to the plaintiff as claimed therefore an in-junction to restrain the defendant from trespassing on the land has no footing, therefore it fails, claim dismissed."

No plan of the land in dispute appeared to have been made, and none, cer¬tainly was exhibited.

On 26th July 1972, the present plaintiff, suing for himself and on behalf of Aro Family of Isaipen, Owo, took out a declaratory action and an injunction against the same Salami Fabolude, in a representative capacity, for himself and for and on behalf of the Oronnaiye family of Igboroko, of the same Owo Town. The action was taken in the Owo Divisional Grade 'A' Customary Court by a solicitor. The court gave judgment for the plaintiff, declaring title in the plaintiff but refused the order for injunction against the defendant whose family, the court found, had oc-cupied the portion of the land in their possession for a long time. On the balance of hardship the court granted possession to the defendant of the area in their oc-cupation but restrained him, his servants and agents from making new farms on the land in dispute except with the consent and approval of the plaintiff. In doing this the court rejected the defendant's plea of res judicata based on the 1972 case. The defendant appealed to the High Court against the said judgment but the High Court dismissed the appeal and affirmed the judgment of the Owo Grade 'A' Customary Court.

The defendant further appealed to the Federal Court of Appeal which in its judgment, upheld the plea of res judicata, entered judgment for the defence, set aside the judgments of the Owo Grade 'A' Customary Court and the High Court. It is from the said judgment of the Federal Court of Appeal that the plaintiff has appealed to this Court