PASTOR A.O. OKE V. MR. SUNDAY OGIDI & ORS

NONYEREM OKORONKWO, J.C.A. (Delivering the Leading Judgment): By its judgment delivered on 15-7-05, the High Court of Oyo State coram Hon. Justice J.O. Ige; dismissed the claims of the appellant in that Court wherein he (appellant) had sued the respondents for declaration of title to land, and injunction. In rejecting the appellants claim as plaintiff, the trial judge had said at page 89 of the record thus:

I believe the evidence of the defendants that the four room structure on the land was built by late Sanusi and not Olaniran Babalola. I also find as a fact and believe the evidence of the defendants witnesses that the land in dispute is Sanusi Babalolas land, and not the personal property of Olaniran Babalola the last Mogaji of the family.

In the claims before the High Court, appellant had claimed as follows:-

A: A declaration that the plaintiff is the owner and person entitled to the Statutory Right of Occupancy in that piece of land (3/4) plot at Ateretuus Compound, behind Amuludun …