MODUPE FASANMI J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of an Ogun State High Court sitting in Ijebu-ode delivered on the 31st of March 2004.
The case of the Respondents as Plaintiffs in the trial Court is that the 1st Respondent bought a parcel of land situates and lying at Lagos Road from one Mr. Adeniyi Taiwo in 1977 and a receipt of purchase marked exhibit J dated 10th of February 1977 was issued to her. In furtherance of the purchase, 1st Respondent asserted that the said A. A. Taiwo delivered to her a deed of conveyance dated 16th October 1973 which was the root of title of A. A. Taiwo her predecessor in title and some exhibits by one Alhaji Sigunmaru who was the grantor to Adeniyi Taiwo. The documents were deposited with the Co-Operative Bank, Ijebu-Ode.
From the pleadings of the parties and the issues joined, the parties agreed as to the land which is the subject matter of the dispute before the Court. It was also not in doubt that the p…