UWAIFO, JSC (Delivering the Leading Judgment): This is an appeal from a judgment of the Court of Appeal, Lagos Division, given on 12th December, 1991 now reported as Adeniran v. Alao (1992) 2 NWLR (Pt. 223) 350. It affirmed the judgment of the High Court of Lagos given on 12 December, 1986 which dismissed the plaintiff's claim. In his claim, the plaintiff (now appellant) sought three reliefs against the defendants (now respondents) which I paraphrase as
(1) a declaration of title to a statutory right of occupancy to a parcel of land at Plot No. 53 Opebi Street, Onigbagbo village, Ikeja Lagos;
(2) ₦1,000.00 damages for trespass; and
(3) an order of perpetual injunction.
Having lost in the two courts below, the appellant has asked this court to consider his appeal on the following issues:
"(1) Whether under the facts and circumstances of this case where parties are agreed that no issue was joined on due execution of Exhibit 1, the learned justices of the Court of Appeal were right t…