CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment): The appeal is against the decision of the Oyo State High Court sitting at Ibadan presided over by O. I. Aiki, J, delivered on the 31st day of March, 2008.
The Respondent as plaintiff instituted this action in a representative capacity against the Appellant's husband who was the original defendant in the trial court. The appellant was later substituted for her husband upon his demise pursuant to an order of court.
The Respondent by his Amended statement of claim dated and filed on the 28th day of December, 2006, claimed against the Appellant as follows:
"(a) DECLARATION that for and by virtue of Certificate of Statutory Right of Occupancy dated 6th of May, 1987 registered as No.1 at Page 12749 granted by the Governor of Oyo State in favour of the Defendant, the Defendant in the said document is only entitled to the area or parcel of land measuring approximately 1792.002 sq.mts, and that any attempt by the Defendant to use thi…