“The appellant had claimed a declaration of title under native law and custom and had clearly established such title. It is true that a great deal of confusion had been introduced into this matter by the conveyance Exhibit C which had purported to convey to Abdulai Jinadu Kabiawu an estate in fee simple. But it is clear that the conveyance never recited that Oseni Falade had a fee simple and there is no dispute that an owner of land under native law and custom can transfer his absolute interest and describe the entirety of such interests as conveyed by him as an estate in fee simple. See per Berkeley, J., in Balogun, etc v. Saka Chief Oshodi (1931) 10 N.L.R. 36 at pp. 47 and 48, and also Privy Council in Oshodi v. Balogun and others (1936) 4 W.A.C.A. 1 at p. 2; see also Griffin v. Talabi (1948) 12 W.A.C.A. 371. It is manifest that Oseni Falade and Arinola by Exhibit C could and did transfer only the entirety of the interests which they themselves possessed in the land. The appellant is therefore entitled to the declaration which he claimed.”