OBIETONBARA DANIEL-KALIO, J.C.A. (Delivering the Leading Judgment): This appeal is over land, the ownership of which is disputed. The case at the trial stage was heard by the High Court of Oyo State in which court it was assigned Suit No. 1/177/97. Judgment was delivered on 16/10/2008.
The main disputants are siblings of the same parents. The respondent (the plaintiff in the lower court) is the older brother of the 1st appellant (the 1st defendant in the lower court). The 2nd appellant is the son of the 1st appellant. It is noteworthy that the appellants filed a counter-claim in the lower court.
The facts of the case are straight forward. The land in dispute according to the respondent, who was the plaintiff in the lower court, is part of 2 plots of land jointly owned by him and the 1st appellant. The 1st appellant disputes this. According to her, the entire land was purchased by her. As a trusting sister she gave money to her older brother to buy the 2 plots of land for her and he di…