MARY UKAEGO PETER-ODILI, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Lagos Division delivered on the 19th day of December, 2002 at which the Court below set aside the judgment delivered by the trial High Court per L A. Sotuminu J (as she then was) on the 23rd day of September, 1994.
The Respondent as plaintiff at the trial High Court of Lagos commenced an action against the Appellant as Defendant through a writ of summons and statement of claim dated the 20th day of February,1990 wherein she claimed as follows:-
(a) A declaration that the plaintiff is entitled to statutory right of Occupancy in respect of the piece of land and building thereon situate, lying at Igbede Road, Ajagbadi Elem Hause Village in Ojo Local government Area of Lagos State and which is more particularly described and delineated on the Survey Plan filed with the Statement of Claim.
(b) Order for possession of the said piece of land and building th…