ADAMU JAURO, J.C.A: (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Lagos State in Suit No.ID/3344/95 delivered by Hon. Justice Olateru Olagbegi on 24th April, 2006.
The brief facts of the case are as follows: The appellant as claimant instituted an action against the respondents in the court below and claimed the following reliefs per his writ of summons, namely:
"(1) A declaration that the Plaintiff is entitled to apply for a statutory right of occupancy in respect of piece and parcel of land situate at No 17, Adegbite Street, Odi-Olowo Mushin, Lagos which is covered by a Deed of Assignment as No. 69 at page 69 in volume 1946 at the Lands Registry Lagos.
(2) An order of perpetual injunction restraining the Defendants, their servants, agents, privies from erecting thereon any structure or building or continuing with the construction of any structure on the aforesaid land.
(3) An order of immediate possession of the said land in favour of…