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OLUFUNLOLA OYELOLA ADEKEYE, JSC: (DELIVERING THE LEADING JUDGMENT): This is an appeal against the judgment of the Court of Appeal Lagos Division delivered on the 4th of July, 2000. The judgment of the Court Appeal affirmed the judgment of the High Court of Lagos State delivered on the 12th November, 1996. The facts of the case are that the plaintiff Oba John Ojomo now deceased commenced an action in the High Court of Lagos State against Dr. Tosin Ajayi as 3rd defendant the Attorney-General of Lagos State as 1st defendant and the Military Governor of Lagos State as 2nd defendant. By order of the trial court, the plaintiff amended his statement of claim on the 4th December 1995, and thereupon claimed against the defendants as follows:
(a) A declaration that the acquisition and/or revocation of his Right of occupancy by Lagos State Government of his land at Opebi Village Ikeja covered by the registered Deed of conveyance dated 7th July 1977 and registered as No.94 at pages 94 in volume 1…