OWOADE JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of justice Ondo State, sitting at Ondo, delivered by O. O. Akeredolu J. on 2 August 2011. The appellant as plaintiff took out a writ of summons filed on 13 July 1999 and a statement of claim filed on 22 September 1999 against the defendant’s respondents.
Pleadings were filed, exchanged and amended. The relevant pleadings are:
Further amended statement of claim filedon 1 February 2008.
Consequential amended statement of defence dated and filed on 25 November 2008.
(c) Reply and defence to counterclaim filed on 12 November 1999.
By paragraph 25 of the further amended statement of claim, the appellant as plaintiff claimed against the respondents as follows:
Declaration that he is entitled to a statutory right of occupancy A over that parcel of land situate, lyingand beingat Olorunsola Lane, behind C.F.A.O. and G.B.O, which parcel of land is covered by a deed of conveyance registered as instrum…