CHIEF FRANCIS ADEWALE ONAFOWOKAN V. CHIEF WASIU SHOPITAN

M. D. MUHAMMAD JCA (Delivering the Lead Judgment): The appellant herein as plaintiff, commenced suit No. HCS/22/04 at the Ogun State High Court against the respondent, then being the defendant, claiming six reliefs inter alia for declaration of title to the certificate of occupancy to the land in dispute, having acquired same from the Oluye family, the original owners, damages for trespass and an order for perpetual injunction. A The respondent denied the appellant’s claim. He also counter-claimed for damages for trespass as well as injunction against the appellant. The land, the respondent asserted, was owned by the Folukan branch of the Oluye family. Pleadings were ordered, exchanged and settled. Theappellant testified along with Alhaji Olayiwola Ayanlaja, the head of the Oluye family to prove his case. Exhibit A the survey plan of the land in dispute, exhibitthe purchase receipt, exhibit C, the certificate of grant issued by the Oluye family to the appellant and exhibitthe instru…