MISITURA OMODERE BOLAJI-YUSUFF, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Kwara State delivered in suit no. KWS/106/2015 on 3/2/20. The appellant and the respondent are full blood brothers. The appellant is the senior. The respondent instituted the action against the appellant and two other defendants namely, Director-General Bureau of Lands, Kwara State as the 2nd defendant and First Bank of Nigeria, Plc as the 3rd defendant. In the statement of claim filed along with amended writ of summons on 9/8/2018 the respondent sought for the following reliefs:
1. “A declaration that the Deed of Assignment purportedly executed by the claimant in favour of the 1st defendant is illegal, null, ineffectual, to convey or transfer any title to land and void.
2. An order on the second defendant to cancel the Certificate of Occupancy No: KW 9608.
3. A declaration that the Deed of Mortgage purportedly executed by the 1st defendant is illegal, nul…