Facts:

The Respondents’ late father purchased the land in question on 30/9/1936 from the Lagos Building Society Limited at a public auction and a Deed of Conveyance executed in favour of their father in that behalf was registered as No. 18 at page 18 in Volume 455 of the Land Registry, Lagos. The land initially· belonged to one Josiah Adewumi Daniel who purchased it on 20/1/1912, whose title was registered as No. 92 at page 342 in Volume 74 of the Register of Deeds kept in the Lands Registry, Lagos. The said Josiah Adewumi Daniel took a loan from Lagos Building Society Limited and used his land as security for the loan and the Mortgagee in exercise of its power of sale put up the land for sale and the Respondents’ father emerged the highest bidder and the land was thus sold to him for the sum of £165. Before the Respondents’ father died in 1960, he had two buildings on the land. He and his family occupied the one at the back while the one in front was let out to the father of the 1st – 5th Appellants, one Mr. Samuel Abolarin Adeniran. The Respondents’ uncle, Alhaji Busari Ayinde, was collecting rent on behalf of the family until he died in 1978; then Mr. Gbolahan Alamu Adio, the eldest son of the Respondents’ father took over the rent collection until he also died in 2003.

Subsequently, Alhaja lyabo Adio, the Respondents’ eldest sister took over until when she died in 2005. Thereafter, the 1st – 5th Appellants refused to pay their rent. In a turn of events, the Appellants demolished the house on the land on 9/11/ 2008 and began to erect an illegal structure thereon claiming a portion of the land belonged to them. This act of trespass precipitated the instant suit of the Respondents as Plaintiffs.

The trial court gave judgment in favour of the Respondents and on appeal to the Court of Appeal, same was affirmed. Aggrieved by the decision, the Appellant appealed to the Supreme Court.