This Case has its genesis from Grade A Customary Court, lle-lfe. A writ of summons was filed on 29/6/59 as suit No. 390/59 by the present appellant as plaintiff, claiming against the defendant a declaration of title in native law and custom to the land situate lying and being at Oke-Okoko Ashipa, Ife District. An injunction restraining the defendant and his servants and or agents from further interference with the land was also claimed. In the claim, the boundaries of the land in dispute were stated to be as follows –

The case was first listed for mention on the 19th December 1967. The defendant thereafter in his own action in suit No. 165/68 claimed in similar terms, but the boundaries indicated in Suit No.165/68 are as follows -

The two suits were consolidated and tried. After hearing the parties and their counsel, the learned President of the court dismissed plaintiff's claim in suit No.390/59, and granted the claim of the plaintiff in suit No. 165/68. Plaintiff in suit No.390/59 appealed to the High Court at lle-lfe. The judgment of the learned President of the Grade A Customary Court was on the 30th April, 1975, reversed, the claim of plaintiff in suit No. 390/59 was granted, and the claim of plaintiff in suit No. 165/68 was dismissed. Plaintiff in suit No. 165/68 then appealed to the Court of Appeal, Division sitting at Ibadan. The appeal was allowed on the 23.4.81. Judgment of the Ile-Ife High Court was reversed, and set aside and judgment of the learned President of the Grade A Customary Court was restored. Plaintiff in suit No.390/59 hereinafter referred to as appellant has now appealed to this Court from the judgment of the Court of Appeal,