I. T. MUHAMMAD, JSC (Delivering the Leading Judgment): This appeal has a chequered history. It is one of the old land cases still lingering in the courts. The plaintiff in 1988 took a writ of summons from the Lagos State High Court. Five reliefs were indorsed in the writ. On filing its statement of claim which was later amended some of the reliefs were abandoned and the plaintiff made the following claims against the appellant and the 2nd respondents that: -
(a) The defendants do deliver up the sub-lease registered as 92/92/1823 at the Lagos Lands Registry for cancellation by this Honourable Court.
(b) This Honourable Court do expunge the aforesaid sub-lease from the records and entries of the land registry. "
In their amended statement of defence, the defendants denied the claim and indorsed a counter-claim against the plaintiff. The counterclaim reads as follows:
"AND the defendant counter-claims:
"(i) A declaration that the defendant is the person entitled to the statutory right of…