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MIKA'ILU JCA (Delivering the Lead Judgment): This is an appeal against the decision of Kwara State High Court presided over by J. F. Gbadeyan delivered on 12th day of November, 1999, in suit No. KWS/267/94, Alhaji Tajudeen Ibrahim Olagunju v. Alhaja Habibat Yahaya and Another. At the trial court the appellant, who was the plaintiff, instituted the action against Alhaja Habibat Yahaya, the 1st respondent. Later on one Mr. Makajuola Ayoola was joined as the 2nd defendant. As per the amended statement of claim, particularly paragraph 19 thereof, the appellant/plaintiff claimed against the defendants as follows:-
“(1) A declaration that the plaintiff is the bona fide purchaser for value without notice of all that piece or parcel of land with all the developments thereon situated, lying and being at Geri- Alimi round-about (know as Ayoola Estate) along Ilorin-Lagos Road near Ilorin Grammar School, Ilorin and covered by Permit to Alienate Land No. 0024 dated 16/11/74 as well as by Cust…