TIJJANI ABDULLAHI, JCA (Delivering the Leading Judgment): This is an interlocutory appeal against the Ruling of the High Court of Justice, Ilorin Division delivered on 20th day of April, 2009 by M. A. Afolayan J., where the underlisted documents were tendered but rejected:
(a) Deed of Assignment dated 12th June, 1999.
(b) Permit to Alienate Land No. 4278; and
(c) Handwritten Statement of Late Dr. Maiye
The facts of the case as can be gathered from the Record of Proceedings are that: The Appellant as Plaintiff at the trial Court took out a Writ of Summons together with the Statement of Claim against the Defendant herein called the Respondent. The claim of Appellant against the Respondent as contained on pages 4-5 of the Record is as follows:
"(a) A declaration that the possession/occupation of the said landed property by the Defendant is
- unlawful, null and void.
(b) A declaration that any Right occupancy or certificate of occupancy and any other documents
obtained by the Defendant …