Plaintiff’s case:
It is the plaintiff’s case that in the year, 2000, he mortgaged the suit land to a one, Orita John as security for return of one head of cattle borrowed from the said Orita John. That with the consent of the plaintiff, the
defendant redeemed the mortgaged land from the said Orita John in the year, 2005, took possession thereof and continued utilizing the same. That without the knowledge of the plaintiff, the defendant has since erected permanent structures thereon and when confronted by the plaintiff about the acts, the defendant offered to buy out the entire land from the plaintiff by adding him 5 more heads of cattle as consideration,
a promise, the defendant has reneged upon. He thus seeks recovery of the said suitland.
Defendant’s case:
The defendant filed a WSD disputing the entire claim. He pleaded facts to the effect that he is the rightful owner of the suitland, having acquired the same by way of purchase from the plaintiff in the year 2001. He denied being party to the said mortgage transaction between the plaintiff and the said Orita John and that he carried out all due diligence and is currently in occupation thereof, having developed the same with a residential house whereof he resides with his family.
FULL JUDGEMENT
Download Here: OBOIRE_JOHN_-VS-_OMULE_CLEMENT._RECOVERY_OF_LAND_(FINAL)