MURAINA OYERINDE V. OLAJIDE BAMIGBEGBIN & ANOR

HARUNA SIMON TSAMMANI, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of the Oyo State High Court, sitting at Ibadan, delivered by F. I. Oyelaran, J on the 23rd day of June, 2010 in Suit No: I/1102/91.

The Appellant on record as Plaintiff before the trial Court, began the action leading to this appeal by a Writ of Summons and Statement of Claim. The original Plaintiff in the suit; Baale Tiamiyu Oyerinde (the then Baale of Dotun Ajanla Village) died and was consequently substituted by the present Appellant by order of the trial Court made on the 24th day of April, 2009. The Respondents also filed a Statement of Defence and Counter-Claim. Those processes were amended severally. The suit was then determined on the Plaintiffs/Appellants Further Amended Statement of Claim and Defence to Counter-Claim filed on the 27th day of April, 2009; and the Defendants/Respondents Further Further Amended Statement of Defence and Counter-Claim dated the 5/2/2010 and filed…