ONU, JSC (Delivering the Leading Judgment): In the High Court of Ondo State at Ado-Ekiti, the plaintiff, now appellant claimed as against the three defendants, now respondents, for ownership and possession of a farmland at Imola on Aba Bolorunduro Road, Aisegba-Ekiti; ₦1,300 general and special damages for trespass and misappropriation of his crops and finally for injunction.
Pleadings were ordered, filed and exchanged with the respondents who filed a joint Statement of Defence, amending same before the case went to trial. The appellant testified and called witnesses to show-
(a) That in 1960 he was given a grant of land by one Aruwa (in his Statement of Claim he however averred that by a tenancy agreement between him and the chiefs of Aishegba-Ekiti he entered into an agreement for the piece of land and his tenancy agreement he would found at the trial). See paragraph 6 of the appellant's statement of claim at page 22 of the record and compare same with his evidence at pages 57-59 o…