This is an appeal against the judgment of the High Court of Osun State sitting at Oshogbo delivered on 9lh December 1996 granting a declaration of title, damages and injunction in favour of the plaintiff/respondent against the defendants. The appellant was the 1st defendant at the court below. He was dissatisfied with the judgment and filed a notice of appeal containing four grounds of appeal. The original plaintiff, Christopher Oladele died during the pendency of the suit at the lower court. He was substituted by the present respondents.

The brief facts of the case as may be discerned from the record of proceedings are as follows: It was the plaintiff's case that he and a friend of his, late Ezekiel Owolabi purchased separate but adjoining plots of land from the 2nd defendant, Rev. Timothy A. Fakunle on 14/6/75. Agreements were prepared in respect of both sales. The plaintiff's land was surveyed and a survey plan produced. Sometime in 1989 the plaintiff noticed some people depositing blocks of cement and sand on the land. He contacted the 2nd defendant who wrote a letter to the 1s defendant advising him that the land belonged to the plaintiff. The plaintiff was served with a copy of the letter. Work stopped on the land but resumed in February 1990, which prompted the plaintiff to lodge a second complaint with the 2nd defendant. The 2nd defendant again wrote to the 1st defendant and copied the plaintiff. The plaintiff also caused a letter to be written to the defendants by his solicitor. It was the plaintiff's case that the 1s' defendant and one Mr. Adeleke came to his house sometime in February 1990 where they met his wife and offered to buy the land for N5, 000.00. The offer was rejected. The 2nd defendant's solicitor also came to his house and offered him N20.000.00 for the land in the presence of his (plaintiff's) friend, Rev. Omigbodun. He refused the offer and instituted an action against the defendants at the lower court.

The 1st defendant's case was that he purchased the land in dispute from the 2nd defendant on 22/9/77 and surveyed it in 1989. He denied knowing Mr. Adeleke and denied receiving any letters from the 2nd defendant regarding the land. The 2nd defendant's case was that he sold half a plot of land to the 1st defendant. He denied selling land to the plaintiff. He contended that his solicitor, one lawyer Adegboyega. usually prepared all agreements for the sale of land by him and therefore the agreement relied upon by the plaintiff, which was not prepared by Adegboyega was forged. He tendered copies of agreements prepared by Adegboyega in favour of other purchasers.

After a careful consideration of the evidence led, exhibits tendered and the submissions of learned counsel, the learned trial Judge entered judgment in favour of the plaintiff.