In 1959, Emmanuel Iyiola Omiteru expressed a desire to Mr. Ekundayo Olusegun Coker to get building plots of land from the Oshodi chieftaincy family consisting of Oshodi members and the Arota section of the family. On the request being made by Mr. Ekundayo Olusegun Coker, p.w.1, the family allocated two plots each measuring 50 by 100 feet at Oshodi, Ikeja District of Lagos State to the said Emmanuel Iyiola Omiteru. Mr. Emmanuel Iyiola Omiteru in company of Mr. Ekundayo Olusegun Coker met the family and an agreement exhibit A was entered into on the 19th day of November, 1959, Clauses 2 and 3 of which read:

"it is mutually agreed as follows -

The language of the agreement may not be classical and elegant but it clearly expresses the agreed terms. The agreement was executed by S.D, Oshodi the head of the Oshodi family and Chief Almaroof Ewa the head of the Arotas. They had the mandate of families to do so at the time. The premium was paid and Emmanuel Iyiola Omiteru was let into possession of the land now in dispute, one Owosheni an Arota identifying the land to him on the instruction of the families.

He took possession and proceeded to erect the foundation of a building up to DPC level.

Apparently, he took no further steps to obtain a properly drawn up deed of lease, if he did, the division in the ranks of the Oshodi family and the Arota family which surfaced in 1960 made it difficult for him to obtain one jointly executed by the two families. In the attempt, he got exhibit C executed in 1968 only by the Arota family and the learned Judge property described the document as worthless as the Oshodi family did not join in the execution. However, on the 7th day of No-vember, 1968, following the report of one Mr. OJo who was respondent's care-taker of the plot, Mr. E.O. Coker, P.W.1, went to the plot and met labourers digging up the foundation wall erected by Mr. Emmanuel Iyiola Omiteru. Enquiries re¬vealed that they were engaged by the defendant/appellant to uproot respondent's structure from the site. P.W.1 subsequently met the defendant/appellant on the site and to a question why he was committing the act of trespass, he replied that the respondent had lost his rights in the land and contended that he had leased the parcel of land (measuring 100 feet by 100 feet) now in dispute from the Oshodi Estate Management Committee with one Alhaji Raji Disu Oshodi as the head of the Committee on the 5th day of July, 1968. It emerged later from the evidence that he did not get a lease executed before 11th July, 1969.

Soon after the act of trespass was committed, a report was made to the police by Mr. Emmanuel Iyiola Omiteru and Mr. Coker. Later, Mr. Emmanuel Iyiola Omiteru instructed his solicitors who on the 4th day of December, 1968 filed the action in the High Court which is now on appeal to this Court. Mr. Emmanuel Iyiola Omiteru filed his statement of claim on the 4th day of March. 1969 and the appellant filed his statement of defence on 12th day of April, 1969. This statement of defence pleaded no title apart from the traverse of all the paragraphs of the statement of claim setting up Mr. E.I. Omiteru's title and alleging appellant's trespass. The lease to the defendant exhibit G was therefore executed more than 6 months after the re¬spondent's action was filed. The pleadings were subsequently amended to reflect the deed of lease executed after the action had been instituted.

At the conclusion of the hearing the trial judge held in favour of the plaintiff.

Defendant appealed and the appellate Court upheld the trial court’s decision.

Appellant further appealed to the Supreme Court.