SIDI DAUDA BAGE, J.C.A (Delivering the Leading Judgment): The appeal arose from the judgment of the High Court of Justice, Oyo State, sitting at Ibadan (hereinafter called 'The trial Court'), delivered by Honourable Justice O. O. Adesina, J. of 29th August, 1996 wherein the claims of the Plaintiff, now Appellant, was dismissed in its entirety with costs assessed in favour of the Respondents.
Being dissatisfied with the judgment of the trial Court, the Appellant originally filed a Notice of Appeal of Eight Grounds and later filed an Amended Notice of Appeal on the June, 2006, pursuant to the Order of this Court of 6th June, 2006 containing Ten (10) Grounds of Appeal.
The background facts are as stated hereunder. The Appellant in her Amended Statement of Claim, stated that, the land in dispute was partitioned to the 1st Respondent and herself. She stated that, their ancestor, one Ogungbayi, had 3 children namely:- Bakare and 2 other sons. Bakare had 3 wives and was survived by 6 childre…