JOSEPH AYANBOYE & ORS. V. MURITALA OLADIPO BALOGUN

AKPATA, JSC (DELIVERING THE LEADING JUDGMENT): It is inappropriate to ask that a void deed of conveyance or transaction be set aside. There is nothing to set aside because it does not exist in law. This truism is confirmed in this appeal. However, one of the issues which calls for a decision is the legal position where a plaintiff seeks that the deed or transaction be declared void or voidable and also prays that it be set aside. Also for determination is the legal effect of failure to sufficiently denote in a survey plan filed along with the statement of claim the precise area of land allegedly trespassed upon in an action for damages for trespass and for an order of injunction.

By a writ of summons filed on 15th May, 1974 in the High Court of Justice, Ijebu-Ode, over sixteen years ago, Bisi Osha, the original plaintiff, on behalf of himself and Bolu, Oreke, Meyiwa and Oke sections of Ginija family, commenced an action claiming against five defendants jointly and severally:

"1. Declara…