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CaseLaw
Plaintiffs brought an action for a declaration of title to land against the defendants having traced their title to the Oloto Chieftaincy family. The land having been sold by the Oloto Chieftaincy family to Alhaji Famu who subsequently sold it to the plaintiffs father.
Plaintiff's father sold several plots of the land in fee simple and upon his death, plaintiffs obtained letters of administration, and they also sold some plots to various people. They had exer¬cised rights of ownership over the land until the defendant came to disturb their grantee, Alatishe.
Defendant traced his own title to one Amida Kaffo.
Alatishe (whose occupation of the land was disturbed) sued Sanyaolu for trespass, but judgement was given for Sanyaolu.The Apex court eventually ordered a retrial.
At that retrial, the plaintiffs claimed for a declaration of title. They were granted the declaration, and an injunction restraining the defendant from taking possess-ion of the land.
Defendant appealed to the Court of Appeal which dismissed the appeal, whereupon he further appealed to the Supreme Court.