Appellants had sued for declaration of title. They traced their title to their father who had purchased from one Rev. Shopeju, the latter having purchased from a member of the defendant's family.

Defendants contended that the land in dispute was their family land and that the vendor through whom the plaintiff was claiming was allotted the land but did not have absolute interest in it.

The trial judge found that what the plaintiff's vendor had was an allotment of family land and that such allotments do not vest ownership in the allottee as would entitle him under native law and custom to a declaration of title to the land so al¬lotted. He therefore gave judgment for the defendant and dismissed the plaintiff's action.

Plaintiff successfully appealed to the Western State Court of Appeal.

Defendants dissatisfied appealed to the Supreme Court (but was transferred to the Court of Appeal (Ibadan Division) for adjudication.)

The Count of appeal (Ibadan) allowed the appeal. The Plaintiff being dissatisfied with that decision has appealed to the Supreme Court.