OBASEKI, JSC (Delivering the Leading Judgment): On the 9th day of July, 1990, I dismissed this appeal after reading the briefs of argument filed and served by the parties together with the record of proceedings in the court below and the judgment of the court below and hearing counsel to the parties in elaboration of the briefs filed. I then reserved my reasons for the judgment till today. I now proceed to give them.
The appellant was the plaintiff and the respondent the defendant in an action filed and instituted in the High Court of Lagos State in the Lagos Judicial Division Holden at Lagos in which the plaintiff claimed against the defendant
"i. A declaration that the plaintiff has a statutory or customary right of occupancy in ALL THAT PIECE OR PARCEL OF LAND, situate and lying and being at NO.27 MAFOLUKU VILLAGE, OSHODI, IKEJA DIVISION OF LAGOS STATE which with its dimensions and abuttal is more particularly described and delineated on the PLAN filed in this suit and thereon EDG…