MOHAMMED AMBI-USI DANJUMA. J.C.A. (Delivering the Leading Judgment) : This is an appeal against the decision of the High Court of Ondo State which was delivered at Owo on 6th May, 2013 dismissing the plaintiffs claims in its entirety and granting the counter - claims of the defendant, thereat.
PRECIS OF THE FACTS LEADING TO THIS APPEAL
The appellant claimed to have been granted a piece of land by the 2nd defendant/2nd respondent's father in 1992, whereat he erected the foundation of a shopping complex. Whilst laying the foundation, the 2nd respondent's father PW1, PW2 and other Osuma family members were alleged to be in attendance. He was then at the Senate in Abuja.
The Senate and all democratic structures were then sacked following the Abacha coup; the appellant could not continue with his building project on the land.
The 2nd respondent's father died in 1995 and then he - the 2nd respondent stepped into his father's shoes as the Osuma IV. 2nd respondent sued the appellant over this lan…