The appellants were the plaintiffs in the trial court of High Court of Lagos State. The suit they took to that court concerned a piece of land at Oja Village, Oshodi District which area is now called llupeju. The land containing the plot now in ques¬tion was acquired by one Madam Adisatu Aina and it was registered in the Land Registry, Ibadan (when that area was part of the defunct Western Nigerian) as No.45 page 45 Vol.751 on 8th day of September, 1947. The land was laid out into plots in the approved Layout Ran No.CT/144/A,B, and C. The plot referred to in the dispute leading to this appeal, is Plot No.6. It is now called No.6 llaka Street, Ilupeju. Lagos, perhaps it was named after the 3rd respondent. The land was conveyed to Madam Adisatu Aina in fee simple free of all incumbrances.

In 1951, Adisatu Aina died and left five daughters, to wit, Flora Cole (1st respondent), who was the eldest of the children, Abibatu Folami (the first appellant), Safuratu Ajike, Morinatu Tomori Eletu (the 3rd appellant) and Seliatu Ashabi Openibo (2nd appellant). There were grandchildren of Adisatu Aina, including Nathaniel and Edward Marsh (children of Flora Cole), and also children of Ajatu who pre-deceased Adisatu Aina-

According to the plaintiffs as Adisatu Aina left no male issue, all her estate devolved on the five children, who were all female including the children of Ajatu who pre-deceased her. Safuratu Ajike died in 1961 intestate, leaving surviving children including the 4lh appellant, Adolphus Alade Bailey.

The issue between the parties revolved around whether Flora A. Cole was the head of the family or not since under Yoruba custom it was submitted that for a female to head a family, she has to be elected by the other sisters.