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HELEN MORONKEJI OGUNWUMIJU, J.C.A.(Delivering the Leading Judgment)-: This is an appeal against the judgment of the Kwara State High Court of Justice sitting at Omu-Aran in its appellate jurisdiction coram: Hon. Justice Saka Yusuf (Chief Judge), Hon. Justice M.A. Akoja and Hon. Justice H.O. Ajayi delivered on the 13th day of April, 2006.
The facts that led to this appeal are as follows:
The Appellant herein as Plaintiff instituted a civil action against the Respondent at the trial Upper Area Court sitting at Omu-Aran on the 12th day of May, 1999. The claim of the Appellate which is at pages 2-3 of the Record of proceedings state as follows:
"(a) A DECLARATION that the Plaintiff and other members of Moranro family of Aho-Ogbada in Oyun Local Government Area of Kwara State are the only persons entitled to Certificate of Occupancy over the land situate, lying and being at Oyun Local Government Area of Kwara State covering the following towns and villages - Aho-ogbada township, Bakin, Owo…