J. O. OSIDELE & ORS. V. MOSES O. SOKUNBI

IBRAHIM TANKO MUHAMMAD, J.S.C. (Delivering the Leading Judgment): In the Ikeja Judicial Division of the High Court of Justice of Lagos state (trial court), the plaintiff, who is the respondent herein, as per paragraph 13 of his last Amended Statement of Claim, made his claim as follows:

"13. WHEREUPON THE plaintiff claims:

a) Special and general damages in the sum of N1,000,00

b) An injunction restraining the defendant whether by themselves or their agents or servants or otherwise whatsoever from entering forthwith and/or building on the aforesaid plaintiff's land.

c) Declaration that the plaintiff is entitled to a statutory right of occupancy of the piece or parcel of land situate, lying and being at Ohigbagbo village, Ikeja and covered by the deeds of conveyances registered as 29/29/1484, 100/100/519 and 30/30/1780 of the Lands Registry, Lagos."

The genesis of the plaintiffs claim as per his pleadings is that by a Deed of conveyance dated 6/10/43 and registered as No.42 at page 42 i…