FATIMA OMORO AKINBAMI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Ekiti State High Court, sitting at Ise-Ekiti, presided over by Hon Justice L.O. Ogundana, dated the 24th day of April, 2013, while sitting as an Appellate Court on the judgment from the Ekiti State Customary Court, Ise-Ekiti dated 23rd day of June, 2009, and the Appellant been dissatisfied with the judgment of the High Court of Ekiti State, now appealed to this Court.
The Respondent in this appeal was the Plaintiff in the case, which commenced at the Customary Court sitting at Ise-Ekiti, wherein the Plaintiff filed his Summons dated the 18th day of October, 2005, and the Summons is contained at page 1, of the record of appeal, while the Defendant counter-claimed against the Plaintiff as contained in his counter-claim at page 2 of the record of appeal.
The case of the Plaintiff/Respondent at the trial Court is as follows:
The Plaintiff claims against the Defendant as follows: