H. TAI AJOMALE V. JOHN ETHAKPEMI YADUAT & ANOR

P. NNAEMEKA-AGU, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal Lagos Division which had on the 12th day of May, 1989, allowed an appeal by the plaintiffs against a ruling by Ilori, J. sitting in a Lagos High Court whereby he ordered a stay of execution subject to certain conditions, of his judgment, pending appeal.

In the court of trial the plaintiffs had claimed against the defendants the following reliefs:

"1. A declaration of title to a statutory right of occupancy deemed to be granted by the Governor of Lagos State in respect of the plot of land known as Plot 55 Alade Avenue, in Lawani Balogun Layout at Wasimi Village, lkeja, Lagos State, lkeja District TPA 0314 of 7th March, 1964 and shown in Plan AT/43/66 dated 20th April, 1966 filed herewith.

2. N20,000.00 being Special and General Damages for the trespass continued by the defendant, his servants or agents on the said plot of land in possession of the plaintiffs.

3. An …