In the Grade A Customary Court, Ijebu-Ode, the appellants, as plaintiffs, instituted an action against the respondents, claiming as follows:

The value of the said land is £250 (Two Hundred and Fifty pounds).

At the trial, both parties gave evidence of traditional history, as well as evidence of acts of ownership, in support of their respective claims. At the end of the day, the learned President of the Customary Court, after giving due consideration to the evidence led, held that the plaintiffs had failed to establish their case. He therefore dismissed the plaintiffs’ claims in their entirely. It is pertinent to note, that one of the reasons given by the trial court for dismissing the 5 claims of the plaintiffs was their failure to prove satisfactorily, some of the boundaries of the land they were claiming.

Being dissatisfied with the decision of the trial Customary Court, the plaintiffs appealed to the Ijebu-Ode High Court, and their appeal was allowed, and a declaration was made in their favour. The defendants (respondents herein), appealed to the Court of Appeal against the decision of the High Court, and the Court of Appeal, by a unanimous decision given on the 25th August, 1985, allowed their appeal. The present appeal in this court is against the decision of the Court of Appeal.