ISA AYO SALAMI, J.C.A., OFR (Delivering the Leading Judgment): This is an appeal brought against the decision of Lagos High Court delivered on 3rd. February, 1994, In the judgment, the learned trial judge ordered the defendant to give up possession of a parcel of farmland measuring 60' x 120' at Iyana Ishashi, Ishashi Village Road, Okokomaiko as well as payment of general damages of N1 0,000.00 to the plaintiff. The counter-claim of the defendant was dismissed. The defendant being dissatisfied appealed to this court on two grounds of appeal. In accordance with the practice of this court briefs of argument were settled at the Appellant's and Respondent's briefs of argument. In the appellant's brief the following issues were framed:
"1. Whether having regards to the state of the pleadings and the issue joined between the parties as well as
evidence led, the court below was right to have given judgment in favour of the plaintiff in the light of the failure to issue valid statutory notice…