SIDI DAUDA BAGE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Honourable Justice O. A. Adefope-Okojie of the Lagos State High Court sitting at Ikeja delivered on the 20th of February, 2001 in Suit No. ID/1084/92, wherein the lower Court granted injunction and declaratory reliefs in favour of the 1st Respondent against both the Appellant and the 2nd Respondent (FHA). The 1st Respondent who was (the Plaintiff at the lower Court) filed her amended statement claim dated 10th day of March, 1994 and claimed as follows:
1) The Plaintiff who is retired from service and presently operates transport/haulage business at the Nigerian Breweries Iganmu, Lagos, is the allottee of and resident in Plot 331, C1 Close, 3rd Avenue, Festival Town, Lagos with his family and dependants.
2) The 1st Defendant is resident in and/or the allottee of Plot 315, C1 Close 3rd Avenue, Festival Town, Lagos.
3) The 3rd Defendant is a body corporate set up under Decree 40 of 1973 and …