MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): By way of originating summons dated the 30/10/09 and filed on the 5/11/09, the 1st Respondent had dragged the Appellant before the Lagos State High Court (Hereafter to be called Lower Court) seeking for the determination of the questions and reliefs set out therein which are as follows:
"1. Whether the Race Course ('hereinafter referred to as Tafawa Balewa Square") is Crown Land which became vested in the Governor of Lagos State as the success or in title to the Commissioner for the Colony of Lagos who is the registered owner of Tafawa Balewa Square.?
2. Whether by virtue of Section 4(1) of the States (Creation and Transition Provisions) Decree No. 14 of 1967, title in the Tafawa Balewa Square vested in the Governor of Lagos State.?
3. Whether ownership of the Tafawa Balewa Square remains vested in the Governor of Lagos State notwithstanding the provisions of Section 1(1) of the Tafawa Balewa Square Act Cap. 11 Laws of the F…