ALHAJI ISA DAHUWA V. ADEGBAMIYE ADENIRAN

CHUKWUMA-ENEH, J.C.A. (Delivering the Leading Judgment): This appeal is from the decision of Desalu, J. of the Lagos State High Court, Ikeja Judicial Division delivered on 5th June, 1980 in favour of the plaintiff. Thus, it granted all his claims against the appellant. At the court below the plaintiff/respondent claimed against the defendant/appellant three main reliefs consisting of:

"1. A declaration of statutory right of occupancy to all that piece or parcel of land situate lying and being at Dopemu, Agege which parcel of land is sufficiently described on survey plan No. L and L/D: 4374 dated 5th November, 1977 to be filed later;

2. N500.00 damages for trespass committed by the defendant on the land between March and April 1978;

3. A perpetual injunction restraining the defendants, their agents and their privies from ever entering on the said land and committing further acts of trespass thereon ... pages 1-3 of the records."

Dissatisfied with the decision the defendant filed his ap…