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NONYEREM OKORONKWO, J.C.A. (Delivering the Leading Judgment): This appeal arose from the judgment of Oyo State High Court delivered on 29th April, 2009 wherein Hon. Justice S.O. Akintola granted the claims of the plaintiff herein respondent and dismissed the counter claim of the defendant herein appellant.
In commencing the action, the respondent as plaintiff by his solicitors has couched his writ of summons or rather the application therefore as follows:
WRIT OF SUMMONS
INDORSEMENTS
The plaintiffs claims from the Defendants jointly and severally as follows:
(1) A declaration that the entire premises known as 11, Oba Abimbola Road, Felele, Ibadan (formerly known as S7/464 Felele Layout, Challenge, Ibadan) forms part of the Estate of Alhaja Ayinke Aberuagba.
(2) An Order directing the Defendants to hand over vacant possession of the premises to the Plaintiff for denying Alhaja Ayinke Aberuagbas title.
(3) Damages/menses profits at the rate of N10,000.00 per month from the month of January, 20…