It is not disputed that the property in controversy i.e. plot No.52A Aiyetoro Street, Ajegunle, originally belonged to the Ojora family. It was leased to the plaintiff/respondent by the same family in 1956 for 300 dollars (N600.00) under native law and custom with an annual ground rent of N2.50k. Thereafter, she was immediately put into possession. She built a house containing 11 rooms on the portion of the land and which was completed in 1960. After completion, she and her husband occupied 2 rooms while the remaining 9 were let to rent paying tenants. She was collecting the rents from her tenants through one Sule Atanda.

At the end of the hostilities early in 1970, the plaintiff/respondent returned to Lagos she went to her house at 52A Aiyetoro Street to claim the accrued rents from the tenants. It was then that she was told that the house belonged to appellant as he had already bought same for N1,000.00 from P.W.2 (her husband). She reported the matter to the police who did nothing to enable her recover possession of the house. She then started proceeding in the Customary Court to recover possession of the house. When the matter was part heard in the customary court, jurisdiction to try land matters was taken away from those courts and she was told that the case would be transferred to the High Court for trial de novo. When there was a delay affecting the transfer, the plaintiff initiated the proceeding now the subject of this appeal in the Ikeja Division of Lagos High Court. Her claims before the Lagos High Court, Ikeja Division was dismissed by Omololu Thomas, J. (as he then was).

Against the judgment of the High Court, the plaintiff appealed to the Court of Appeal, Lagos. The Court of Appeal, on the grounds of appeal filed and argued before it, reviewed the evidence and the findings of the trial court and concluded that the findings were perverse vis-a-vis the evidence adduced before the trial court, allowed the appeal, set aside the judgment of the trial court and in place thereof entered judgment for the plaintiff for possession of the house in dispute at 52A Aiyetoro Street, Ajegunle with N1,270.00 as special damages and being rents collected thereon from July 1968 to 1971. She was also granted injunction as prayed in her statement of claim.

The defendant/appellant has now appealed to this court.