The Appellants herein were the Appellants at Court of Appeal having lost as Defendants at Lagos High Court. The Respondents as Plaintiffs claimed that one Ogunbuwa, a hunter and fanner who hailed from Ile-Ife, after several adventures, finally settled on a va5t expanse of land at Idimu, now in Lagos State. He exercised total act of ownership on the said land by farming, hunting and establishing hamlets thereon. He also established shrines for the worship of Ogun, Moremi, Sango, Igbale and Oro. He also gathered fruits and tapped palm wine on the land. However, he was survived by an only child, a daughter by name, Ogunbunmi. During his life time, Ogunbuwa gave Ogunbunmi to one Aina Olaofe of Ikotun as wife. Aina Olaofe then, with his wife, Ogunbunmi, settled on the land in -dispute. Thereafter, ostensibly on the demise of Ogunbuwa, Olaofe and his wife Ogunbunmi exercised maximum right of ownership over the disputed land at Idimu. The marriage produced five issues, to wit Fasenro, Bakare-Garba, Sanni, Audu Bola, and Basesomo. Audu Bola and Basesomo had died intestate and the entire estate (land in dispute) devolved on Fasenro, Bakare-Garba, and Sanni as the land was not partitioned. It remained so up to today with their children in control. The family became the chieftaincy family called Aro.

The Plaintiffs had remained in absolute possession for more than two hundred and fifty years, undisturbed by anybody or any adverse claim. The only exception was a challenge in suit No. 221 of 1915 Bakare Garba v. Akinlola Adenike which ended in Aro Family's favour. The interest of the family as a result of the suit was registered as No. 34 at Page 34 Volume 1473 of Land Registry, Lagos. However, between 1990 and 1991 the Defendant Samuel Ogunlana (deceased and-substituted as Defendants by present Appellants) encroached on the land in dispute and was duly challenged by notices and letters from solicitor to the family. Thus, the suit leading to this appeal when the Defendants refused or ignored tile notices and warnings and persisted in encroaching on the land. It must be mentioned that the original Defendant who died and has been substituted was known by various aliases, to wit," Samuel Ogunlana", "Samuel Olu Akinogun & Family" and Odejobi Akinogun & Family".

After a long delay in effecting service of process of Court on Defendant, an interim injunction was granted forbidding him from further trespassing on the land in dispute: But he failed on several occasions to appear in Court despite being served with the Court processes.

When finally, the Defendant appeared, having been substituted, a statement of defence was filed denying not only every averment in Plaintiff’s statement of claim but claimed even ignorance of the existence of Plaintiff's family. He then claimed that one Akinogun who established Ogun shrine on the land first settled there. There was also a counter-claim to the Plaintiffs suit.

Aggrieved by the judgment of the trial Judge, the Appellants appealed to the Court of Appeal. The Court of Appeal dismissed the appeal.

Still aggrieved the Appellants appealed to the Supreme Court.