YUSUF ALHAJI BASHIR, J.C.A. (Delivering the Leading Judgment): The Respondent, sometimes on or about the 1st September, 2006 instituted an action before the High Court of Osun State sitting at Iwo against one Chief Kasali Ejemu vide a Writ of Summons which was later amended on 2nd March, 2011 claiming the following reliefs:
(1) A declaration that the Plaintiff is entitled to the statutory right of occupancy in respect of a piece and parcel of land lying, situate and being at old motor park, Iwo Osun State, measuring approximately 1,958 square meters and bounded on each side as follows:
(i) Right by Total Filing Station
(ii) Left by Phoenize Filing Station
(iii) Back by post Office -Baptist
(iv) Front by Ibadan road.
(2) A Declaration that the Certificate of Occupancy issued to the Defendant by the Governor of Osun State in respect of the land in dispute is irregular and invalid and that same be set aside.
(3) An order of injunction restraining the Defendant, his servants, agents and any oth…