MR. SUNDAY OJO OGUNLEYE & ORS V. MR. SUNDAY & MR. MOSES FALUYI

FATIMA OMORO AKINBAMI, J.C.A. (Delivering the Leading Judgment): This appeal arose from the decision of the High Court of Ekiti State, sitting at Ikole-Ekiti, delivered by Hon. Justice L. O Ogundana in Suit No. HCL/16/2013 on 15th May, 2017. The judgment is contained at pages 372-412 of the record of appeal.

In the said suit, the plaintiffs/appellants in their Amended Writ of Summons and Amended Statement of Claim dated and filed 6th January, 2017, claimed against the defendants as follows:

1. A declaration that the vast parcel of land situate, lying and being beside and behind the General Hospital, Ikole-Ekiti, stretching to Federal Government College, Ikole-Ekiti and terminating at Igbomekiku, along Ikole/Omuo express way, and bounded on the 1st side by Ikunri, on the 2nd side by lode quarters, on the 3rd side by Olisin Olosin and Agbaru family land, and the 4th side by Olisin Olosin and Agbaru family land belongs to Ogunleye family of Oke-Ayedun Ekiti, not the defendants.

​2. A declar…