RIDWAN MAIWADA ABDULLAHI, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the judgment of Hon. Justice J. O. Ogunleye of Osun State High Court, sitting at Ejigbo judicial Division, Osun State delivered on 14th day of December, 2012, in Suit No: HEJ/M2/2012, dismissing the suit as lacking in merit.
The Appellant was the Claimant while the Respondents were the Defendants at the trial Court. The Appellant brought the suit that culminated in this appeal vide an originating summons, supporting affidavit and a Written Address dated, sworn and filed on 27/6/2012 respectively. The Appellant filed further Affidavit and Further and Additional Written Statement (sic) in support of the originating summons on 19-07-2012.
In the said Originating Summon, the Appellant claims against the Respondents, jointly and severally as follows:
1. A DECLARATION that the Judgment by the Court of Appeal Ibadan in Appeal No: CA/I/94/98; MURITALA OLAGBEMISOYE and ANOR. V. ABEL OYEBUNMI and ANOR. de…