TAIWO AJANI V. SITU GIWA

UWAIS, J.S.C. (Delivering the Leading Judgment): The appellant was the plaintiff in an action which he instituted in 1970 against the respondent as defendant. In paragraph 30 of his further amended statement of claim the plaintiff claimed for himself and on behalf of Agbaruru family as follows -

"(1) A declaration that the plaintiff is the person entitled to certificate of occupancy to be granted under the Land Use Decree No.6 of 1978 in respect of all that parcel of land situate, being and lying at Igbo-Ifa, Irawote in Isalu Quarters in Iseyin Town in the Iseyin Local Government Area in Oyo State of Nigeria which parcel of land is shown and edged "Blue" in Survey Plan No. BK 6806A dated 8th December, 1970 and drawn by A. Togonu-Bickersteth, Licensed Surveyor and Survey Plan No. OB 881 dated 24th September, 1973 and drawn by O. Bamgbose, Licensed Surveyor filed with the plaintiffs original statement of claim in this suit.

(2) the sum of five Hundred Naira (₦500.00) being general dama…