ONNOGHEN, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Kwara State sitting in Ilorin Judicial Division in suit No. KWS/186/92 delivered by Hon. Justice A. O. Bamigbola on the 4th day of March, 1998 in which he granted some of the claims of the respondent/cross appellant then as plaintiff against the appellant.
The facts of the case include the following. On the 21st day of September, 1992 the respondent/cross-appellant caused a writ of summons to be issued on the appellant claiming the following reliefs, to wit:
"The plaintiff's claim is that the defendant on a purported purchase from persons who are not the owners of land and had no claim whatever over their parcel of land situate at Tanke Iledu, Ilorin measuring 8.711 Acres applied and was issued a Certificate of Occupancy No. KW3356 of 30/6/80 and effective 19/12/79 for commercial purposes, without the plaintiff's knowledge and consent as the rightful owners of the land."