SAMUEL AKINWALE OWOEYE V. CHIEF DANIEL ADEFEHINTI OYINLOLA & ORS

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Ondo State, Akure Judicial Division delivered on 7/7/08 dismissing the appellant's claims for declaration of title, damages for trespass and injunction.

The appellant was dissatisfied with the decision and filed a notice of appeal dated 23/7/08 containing four grounds of appeal. With the leave of this court he filed an amended notice of appeal containing ten grounds of appeal. It was deemed properly filed on 26/4/2010. The parties duly filed and exchanged briefs of argument in compliance with the rules of this court. The appellant's brief is dated 28/9/09 and filed on 5/10/09. It was deemed properly filed and served on 26/4/2010. The respondents' brief is dated 2/6/2010 and filed on 3/6/2010.

At the hearing of the appeal on 5/3/2012, F. OMOTOSHO ESQ., learned counsel for the appellant adopted and relied on his brief of argument and urged the co…