MUDASHIRU NASIRU ONIYANGI, J.C.A. (Delivering the Leading Judgment): The respondent in this appeal was the plaintiff before the Ogun State High Court, Sagamu Judicial Division hereinafter referred to as the lower Court. The appellant was the defendant. The claim of the respondent before that Court as contained in paragraphs 14 of the amended statement of claim dated 10th day of May, 2001 and filed same date is as reproduced herein below:
(a) Declaration that the property situate, lying and being at No. 9/10 Alhaji Mojeed Sodeinde Street, Sabo, Sagamu, Ogun State is a joint property of the plaintiff and his junior sister Mrs. Adenike Odusina by virtue of a deed of gift dated 5th day of August, 1976.
(b) Declaration that the purported sale of the said property to the defendant in February 1994 by Mrs Adenike without the knowledge and or consent of the plaintiff is null and void and of no effect.
(c) An order of injunction restraining the defendant, his servants, agent, privies and whoso…