The appellant, by purchase in 1953 under Native Law and Custom from Ijokun Community became the owner of the parcel of land situate and lying at Shagamu. By a deed of conveyance dated 8th June, 1964 (Exh. A) executed between the Ijokun Community on the one part and the appellant on the other part the said parcel of land lying and situate at Orile Ijoku (Sabo) Shagamu was conveyed to the appellant as the purchaser for a consideration of Forty Nine Pounds and Ten shillings (E49.10.0) Later on, the appellant become indebted to the respondent to the tune of E1, 600.88.

As a result of the indebtedness, the appellant said, by an oral agreement, he entrusted the collection of rents from the two house built on the land to the respondent in order to reimburse himself in the sum of $1,600.00 or N3,200.00. Then in 1965 at the suggestion of the respondent, the appellant executed Exhibit B another deed of conveyance in the respondent’s favour for a consideration of N4,800.00 the amount he was at the time indebted to the respondent; as security for the said debt. From that time the respondent continued to collect and received the rents accruing from the two buildings without rendering any account to the appellant. The appellant also complained that the respondent had by 1969, built five more houses on the land without his permission or consent.

In 1973 the appellant demanded from the respondent a return of his land, the deeds of conveyance (Exhs. A and B) and for an account of the rents collected, plus payment of any amount found due either way.

There was an attempt by the Akarigbo of Ijebu Remo and his Chiefs to settle the matter, which partially succeeded. The appellant thereupon instituted this action claming the relief contained in his writ of Summons.

The facts of the respondent’s case may briefly be stated thus-

The appellant was the owner of the parcel of land in dispute with two dilapidated mud buildings thereon. In 1965 the appellant sold and conveyed to the deed of conveyance is Exhibit B. Between 1965 and 1972, not only did the respondent repair and renovate the two dilapidated buildings already on the land, but had erected and completed five additional storey buildings thereon to the knowledge of the appellant.

By the time the dispute arose between the appellant and the respondent claimed that he had spent over N100,000.00 on improvement to the land. He gave a condition that if the appellant would reimburse him in the sum of N100,000.00 he was prepared to reconvey the land together with improvement thereon to him.

When in 1972 the dispute as to the ownership of the land and the buildings thereon arose between the appellant and the respondent, the former reported the latter to the Akarigbo of Ijebu land as a result of which the Akarigbo and his Chiefs intervened. Resulting from the intervention the respondent said he agreed to reconvey the portion of the land in dispute covered by the two buildings originally erected thereon by the appellant on humanitarian reasons. This was done and the respondent signed a reconveyance of the said portion of land to the appellant. The appellant was not satisfied by this arrangement hence the institution of the present action.

The trial court decided the case on the strength and effect of the deed of conveyance Exh. B Appellant pleaded non est factum. This the Court rejected and dismissed the appellant’s case. It was however decided that the appellant should be refunded the sum of N5, 000.00 which he paid to the respondent.

Appellant’s appeal to the Court of Appeal was dismissed but the order for the refund of N5, 000.00 was set aside.

Appellant appealed to the Supreme Court.