<p>LEWIS, J.S.C. (Delivering the Judgment of the Court): In suit LD/504/65 in the Lagos High Court the plaintiff&#x27;s amended particulars of claim read:-</p><p> &#x27;&#x27;The plaintiff&#x27;s claim against the defendant are:</p><p> (i) for a declaration for an order that the purported sale of a portion of the property known as 61 Princess Street, Lagos is not valid and or of no effect or alternatively an order setting aside the said sale; and </p><p> (ii) an order for possession of the said portion of the property known as 61 Princess Street, Lagos.&quot;</p><p> In the statement of claim it was alleged that the property in issue, namely 61 Princess Street, Lagos, was left by one Hanidu Akanni in his Will and paragraph 5 of the statement of claim set out the terms of his devise:</p><p> &quot;5. The said Hanidu Akanni made a devise in the said Will which runs thus &#x27;I give my dwelling storey house situate at the said Princess Bridge Street, and all the residue of my real property and all my personal property to the said Shefi Mosebolatan, Wulemotu, T…</p>