KEKERE-EKUN JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Ondo State, Akure Judicial Division, delivered on 7 July 2008 dismissing the appellant’s claims for declaration of title, damages for trespass and injunction.
The appellant was dissatisfied with the decision and filed a notice of appeal dated 23 July 2008 containing four grounds of appeal. With the leave of this court he filed an amended notice of appeal containing ten grounds of appeal. It was deemed properly filed on 26 April 2010. The parties duly filed and exchanged briefs of argument in compliance with the rules of this court. The appellant’s brief is dated 28 September 2009 and filed on 5 October 2009. It was deemed properly filed and served on 26 April 2010. The respondents’ brief is dated 2 June 2010 and filed on 3 June 2010.
At the hearing of the appeal on 5 March 2012, F. Omotosho Esq. , learned counsel for the appellant adopted and relied on his brief of argument and …