KALGO, J.S.C. (Delivering the Leading Judgment): This appeal is against the decision of the Court of Appeal, Kaduna Division, which was given on 23rd of July, 1992. The case, which had a protracted history, concerned the dispute over the ownership of 3 piece of land in Kwara State. It all started in the Emir's Court, Ilorin in 1956 where the parties' predecessors-in-title contested over the ownership of the land in dispute and that court found that the land belonged to one Salami Olokoba, the predecessor-in-title to the respondent. The proceedings of the Emir's court was marked Exhibit D'.
In 1978 the appellant sued the respondent over the same piece of land in the High Court and Upper Area Court in Ilorin but on production of Exhibit 'D' both cases were struck out and discontinued. Thereafter, the appellant moved on to the land and commenced building construction on it. The respondent reacted by suing the appellant before the Ibolo Area Court Grade II, Erin-Ile, Kwara State, and pra…