KAYODE OKUOJA V. OBAFUNMILAYO ISHOLA

A. NNAMANI, J.S.C. (Delivering the Leading Judgment): This suit began in the Ikeja Judicial Division of the Lagos High Court as No. IK/27/68. In it the plaintiff (respondent in this court) sued the defendant (appellant, herein) for the following reliefs:-

"1 (a) declaration of title to the vast area of land at Ajaguro near Isawo known as Oko Cole in Ikorodu District

(b) 500 pounds damages for trespass committed by the defendant (sic) on the said land

(c) An injunction restraining the defendant his servants and or agents from committing further acts of trespass on the land. Annual rental value of the land cannot be assessed"

Pleadings were ordered, filed and duly exchanged. The plaintiff (hereinafter known as respondent) first filed a plan dated 30.8.69 with their statement of claim. This plan was first admitted in evidence through respondent himself as ID.1 and later admitted through the appellant as Exhibit D.1 At an advanced stage of the proceedings, in fact, after 3 witnesses for t…