GALADIMA, J.C.A. (Delivering the Leading Judgment): The Respondent as plaintiff took out a writ of summons in the High Court Lagos State claiming as follows:
"1. A declaration that the property in dispute comprising a shop and two rooms at 25, Alli Street, Lagos belongs to the plaintiff Alhaji Rasaq Olanrewaju under Yoruba Native law and Custom.
2. An order of perpetual injunction restraining the 1st defendant from collecting rents in any form or manner in respect of the shop and two rooms at 25 Alli Street, Lagos.
3. Possession of the shop and two rooms,
4. Mesne profit at the rate of N500 for the shop and N250.00 for each room per month respectively from 1st June, 1990 until judgment."
On 4/3/98, plaintiff's writ was amended praying the court to dismiss the 1st defendant's action as being statute-barred. In the same vein on 22/1/98, the appellant as the 1st defendant by a summons on notice brought an application at the lower court under Order 23 rules 2 and 3 of the High Court of L…