KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.C.A.: (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Osun State sitting at Osogbo delivered on 9th December 1996 granting a declaration of title, damages and injunction in favour of the plaintiff/respondent against the defendants. The appellant was the 1st defendant at the court below. He was dissatisfied with the judgment and filed a notice of appeal containing four grounds of appeal. The original plaintiff, Christopher Oladele died during the pendency of the suit at the lower court. He was substituted by the present respondents.
The brief facts of the case as may be discerned from the record of proceedings are as follows: It was the plaintiff's case that he and a friend of his, late Ezekiel Owolabi purchased separate but adjoining plots of land from the 2nd defendant, Rev. Timothy A. Fakunle on 14/6/75. Agreements were prepared in respect of both sales. The plaintiff's land was surveyed and a…