MR. JOSHUA BENARD FUMUDOH V. MR. EMEKA IKE & ORS

MOHAMMED LAWAL GARBA, J.C.A.(Delivering the Leading Judgment): In a judgment delivered on the 5th of May, 2011 in the Appellant's Suit No.ID/13/2015, the High Court of Lagos State, had dismissed his claim of ownership and title to the piece of land lying at 3B, Risi Laguda Close, Off Metropolitan College Road, Ire Akari Estate, Isolo, Lagos State and granted the 1st Respondent's counter claim in respect of a piece of land measuring 927.757 square metres at the same address.

The case of the Appellant was that he bought the piece of land he claimed from one Michael Akah-Obi Oloto sometime in 1975 and also paid the original owners, the Okota Family in 1982 and allowed the 1st Respondent's father; one Nicholas Ike to stay on it to guard against trespassers. Later, he and the 1st Respondent's father entered into an agreement in 1991 and he (Appellant) erected a wall around the land he bought and Put a gate to it.

That the 1st Respondent's father did not challenge his ownership of the land un…