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AKPATA, J.C.A. (Delivering the Leading Judgment): This appeal relates to land matter. One of the legal issues raised however is whether a ground of appeal in respect of an interlocutory ruling against which there was no separate appeal can be argued without leave of court along with other grounds relating to the final judgment.
In the High Court of Lagos State, the plaintiff who is the respondent in this Court claimed per his writ of summons from the respondent, now the appellant, for (1) possession of a parcel of land which situate at Moricas Area, Oniwaya Road, Agege, delineated in Survey Plan No. D213 dated the 26th of July, 1971; (2) perpetual injunction restraining the defendant, his agents, servants and privies from remaining on or continuing in occupation of the said parcel of land.
The plaintiff and five other witnesses testified in support of his claim while the defendant and four witnesses adduced evidence to rebut the case of the plaintiff. The parties did not appear to cla…