UWA JCA (Delivering the Lead Judgment): The appeal is A against the decision of the High Court of Kwara State delivered on 29 March 2012 by I. A. Yusuf, J, wherein the learned trial judge granted the claims of the claimant now 1st respondent and dismissed the counter-claim of the 2nd defendant/appellant. The appellant was dissatisfied with the said judgment and appealed to this court.
The background facts are that the claimant/1st respondent in the trial court claimed jointly and severally against the defendants as follows: “A declaration that the claimant is entitled to be heard by the 1st defendant upon his claim to ownership of the property situate and lying at No. 6, Oro Road, Ilorin.
A declaration that the purported sale of the property at 6, Oro Road, Ilorin by the 1st defendant to the 2nd defendant without calling on the claimant to interplead his claim is irregular, wrongful, null and void. A declaration that the claimant bought the subjectproperty in October 2009 as a bonafi…