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OBANDE OGBUINYA, J.C.A. (Delivering the Leading Judgment): This appeal is an offshoot of the judgment of the High Court of Kwara State, Coram M. O. Adewara and H. O. Ajayi, JJ, in suit No KWS/7A/2009, delivered on 28/09/2010, wherein the lower court upheld the decision of the Upper Area Court 1, Ilorin given in favour of the plaintiff/respondent against the defendant/appellant in suit No. CVF/43/2004.
As can be garnered from the records, the respondent's case, which culminated in this appeal, is fraught with bends. The subject-matter of the case, real property, is not a stranger to litigations, having witnessed a litany of them. It, the res, was greeted by another batch of litigation in suit No. CVF/23/91 filed, in the trial Upper Area Court 1, Ilorin, by the respondent. In that case, the respondent, as the plaintiff, claimed against the appellant, as the defendant for:
" i. The declaration of title to Budo Nuhu.
ii. Order of forfeiture of the land granted by the plaintiff to defendan…