Appellants sued the respondent over a parcel of land claiming a declaration of title along with damages for trespass and an injunction. They claimed that under section 34(2) of the Land Use Act, 1978, they held a statutory right of occupancy over the land.

Appellants argued that the land in dispute formed part of the entire land of lyade-Osoja branch of Osoja family, which had been partitioned among the members of lyade-Osoja family and the land in question was partitioned to one Ogunsayin who sold same to one Karimu Aruba who in turn laid it out into building plots. The 1st and 2nd appellants claimed the ownership of plots 2 and 3 of the Karimu Arubo Layout by virtue of Deeds of Conveyance.

Obviously, the two parties were not claiming from the same grantor.

The respondent defended and proved his counter-claim as pleaded and the trial court dismissed the appellants' claim and granted the respondent's counter-claim. The appellant appealed to the Court of Appeal.