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M. BELLO, JSC (DELIVERING THE LEADING JUDGMENT): The present Respondent was the plaintiff in the High Court of Lagos State wherein he claimed jointly and severally against the present Appellant and one Karimu Ayinla as the 1st and 2nd defendants respectively for:
"(i) a declaration that the Plaintiff and the Defendants are and remain the co-owners in equity of all that piece or parcel of land situate, lying and being at Awoyokun Street, Odi-Olowo, Mushin District which land is bounded by straight lines joining survey pillars marked DB7, Wk 1752 and Wc 5912:
(ii) an account of all the rents and profits collected by or on the direction of the defendants in respect of the said property from February, 1967;
(iii) an ORDER compelling the defendants to pay to the Plaintiff any money found to be due to the plaintiff after the rendering of such account.
During the trial of the case the 2nd defendant died and the trial proceeded against Appellant only. After having heard the evidence, the tri…