Estoppel

Kazeem, J.S.C.-In this appeal, the Appellants as Plaintiffs for and on behalf of themselves and Wonpori family sued the Defendant personally for a declaration of title under Yoruba Customary Law as owners of all that piece and parcel of land, situate lying and being at Ologbun Village, Shagamu, Ijebu-Remo; for damages for trespass and for an injunction to restrain the Defendant, his servants and agents from committing or continuing to commit acts of trespass on the said land. The land in dispute in this appeal formed the Southern portion of the entire parcel of land which formed the subject-matter of the proceedings in Suit No. 1/144/50 which was between one Josiah Sobanjo for and on behalf of the Simitara family as Plaintiffs and the present Appellants as Defendants.

The Plaintiffs in that 1950 case based their radical title on one Sofuyi Ajana who was described as their ancestor. Hence in paragraphs 4 and 8 of their Statement of Claim dated 1st March, 1951, they averred thus:-

“4. Very many years ago, the Plaintiff’s ancestor Sotuyi Ajana together with his children and servants occupied the land in dispute which was then a vacant and unappropriated virgin forest land.

8. The Plaintiffs avers further that since the time of Sofuyi aforesaid, the members of Plaintiffs family have (a) successively been in exclusive and undisturbed use and possession, and in absolute ownership of the land in dispute; and (b) have also successively cultivated various portions of the land in dispute, planted thereon cocoa trees, kola trees and food crops of different kinds and have always reaped all the palm fruits which grow on the said farmland.”