HARUNA SIMON TSAMMANI, J.C.A. (Delivering the Leading Judgment): This appeal is against the Judgment of the Oyo State High Court, delivered by M. A. Owoade, J (as he then was) on the 16th day of November, 2005 in Suit No: I/214/09.
The Appellant who was the Plaintiff in the Court below, took out a Writ of Summons filed on the 23/3/09, and Paragraph 22 of his Amended Statement of Claim filed on the 28/5/09 claimed as per the Writ of Summons. The claims in the Writ of summons are as follows:
1. The Plaintiffs Claims against the 1st Defendant that the Defendant having paid only for 2 ACRES out of 5 ACRES of LAND jointly sold to him by the Plaintiff and the 2nd to 5th Defendants is not entitled to acquire any land more than those paid for, lying, being and situate along Idi-Oro Erewa Road, Eleyele Area, Ibadan.
2. Declaration that the 1st Defendant is not entitled to measure and occupy 8.5 Acres of their land pursuance (sic) to the purported sale to him of a portion of the Plaintiffs land an…