FRANCIS FEDODE TABAI, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of the Ibadan Judicial Division of the Court of Appeal dated the 7th of December 1995. The initial action itself was commenced at the Ibadan Judicial Division of the High Court of Oyo State on the 16th of May 1980 when the writ of summons was issued.
A. T. Adeyemo was the sole Defendant. By an order of Court dated 2/11/1981 Mr. Adegboyega Adebayo Yinusa was joined as second Defendant. By yet another order of Court the 3rd Defendant was also joined.
In the amended writ of summons and amended Statement of Claim the Plaintiff claimed as follows:
(a) As against the first Defendant:
(i) Declaration that the Plaintiff is entitled to Certificate of Occupancy in respect of all that piece or parcel of land covered by Deed of Conveyance registered as Instrument No. 52 at Page 52 in Volume 1144 of the Lands Registry in the office at Ibadan, situate lying and being at Jokodo Akufo Road, Ibadan.
(i…