The plaintiff/appellant sought in the High Court a declaration to a parcel of Oshunkoya family house and land situate at No. 7, Ebumawa Street, Ibipe Quarter, Ago-Iwoye. The plaintiff also sought possession and injunction

The plaintiff pleaded that the parties were full brothers being sons of Oshunbanjo who also had a brother of full blood called Oshuntoye. Their father’s name was Oshunkoya. On his death, his land was partitioned between his children, the land in dispute being allotted to the father of the parties herein. Oshunbanjo, the parties father persuaded his brother to give a parcel of land in the partitioned family land to the plaintiff to build a house on it. The defendant had prevented the plaintiff from building on his share of their land, hence this action.

At the trial, the plaintiff led evidence on facts not pleaded that there were other children of Oshunbanjo, their father, and other parcels of land allocated to those other children.

The defendant testified that he built on his own moiety of their father’s land and the plaintiff built on his own and that trouble arose because the plaintiff wanted to build on part of his (defendant’s) land.

The learned trial Judge dismissed the plaintiff’s claims. The plaintiff appealed against the decision.