JACKIE PHILLIPS V. EBA ODAN COMMERCIAL & INDUSTRIAL COMPANY LIMITED

NWALI SYLVESTER NGWUTA, J.S.C (Delivering the Leading Judgment): Endorsed on the Writ of Summons issued on 9th October, 1986 at the Registry of the High Court of Lagos State, Lagos Judicial Division is the appellant's (then plaintiff) claim against the Respondent (then defendant):

"The plaintiff's claim against the defendant is for on order setting aside the Deed of Assignment dated the 7th day of May, 1981 and registered as No. 29 at page 29 in Volume 1839 of the Registry of Deeds kept at the Lagos State Land Registry."

At paragraph 14 of the Statement of Claim dated 5th December, 1986 and filed on 8th December, 1986 the claim is as follows:

"14. Whereupon the plaintiff claim against the Defendant is a declaration that the Deed of Assignment registered at No. 79 at page 79 Volume 1983 of the register of Deeds kept at the Land Registry in the office at Lagos is null and void and of no effect."

Pleadings were filed and exchanged. At the trial in the High Court, appellant claimed he did…