OBIETONBARA DANIEL-KALIO, J.C.A., (Delivering the Leading Judgment): This appeal is in respect of a land dispute. It was heard at the trial stage by the High Court of Ogun State. Judgment was delivered by the trial Judge on 28/9/98. It commenced in the High Court in 1992 as Suit No. AB/28/92.
The Plaintiff in the court below who is the Respondent on appeal, sued for himself and on behalf of Ayanbiyi Family. His case as presented in his further amended statement of claim in summary is as follows:
The first settler on the land was Ogunmuyiwa, his ancestor who was a great hunter. Ogunmuyiwa settled his daughter Ayanbiyi on the land.
Ayanbiyi had three children, Victoria Olaitan Moloran, Kamiye and Folami Ogunneye. Kamiye (female) begat Alaba Dewunmi who begat the Plaintiff.
Victoria Olaitan Moloran was apparently a wealthy woman. She demolished an existing structure on the land and built a bungalow there. That was in 1937. Unfortunately, Victoria Olaitan Moloran died without any issue. B…