ALHAJI S. F. BALOGUN V. Z. R. OSHUNKOYA

OGUNDERE, J.C.A. (Delivering the Leading Judgment): Before Ajibola J. at the Ijebu-Ode Judicial Division of Ogun State, the plaintiff, now appellant sought a declaration that he is the owner of, and the person entitled to a Certificate of Occupancy of a moiety of Oshunkoya family house and land situate at No.7 Ebumawe Street, Ibipe Quarter,Ago-Iwoye.

The plaintiff also sought possession of the said property and an injunction to restrain the defendant, his servants and agents from entering upon the land and from undertaking any building construction thereon.

Pleadings were filed and exchanged. In the statement of claim the plaintiff averred that the parties are brothers of the full blood; their father's name was Oshunbanjo, and the defendant was the elder brother. Oshunbanjo himself had a brother of the full blood called Oshuntoye, both being descendants of Oshunkoya.

The genealogical tree of the parties is as follows:-

Oshunkoya

Oshunbanjo Oshuntoye

Z. A. Oshunkoya S. F. Balogun Jul…