CHIEF JOEL E. BABATOLA V. MRS. MARGARET ADEWUMI

HARUNA M. TSAMMANI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Ekiti State High Court, sitting at Ado-Ekiti in Suit No: HAD/54/2003 delivered on the 3rd day of December, 2007. The Appellant herein was defendant at the lower court in a suit filed against him by the Respondent (as plaintiff) in which the Respondent sought for a declaration and an injunctive relief pertaining to some buildings on a piece of land situate, lying and being at plot 7A, Block R, Olora Layout, along Opopogboro, Ado-Ekiti.

The Respondent's case at the trial court is that, she bought a plot of land from the Appellant sometimes in 1977 at a price of Three Hundred Naira (N300:00) wherein a purchase receipt was issued to her by the Appellant. That she then carried out a survey of the land and later obtained a building plan in 1982 and that after she obtained the building approval, she erected a bungalow of 2 flats of 4 bedrooms each, one of which she let out to tenants, …