ONNOGHEN JSC (Delivering the Lead Judgment): This is an appeal against the judgment of the Court of Appeal holden at Lagos in appeal No. CA/L/136/98 delivered on 30 April 2001, in which the court struck out the appeal of the appellant against the judgment of the High Court of Lagos State in suit No. ID/7307/90 delivered on 21 November 1996. By a writ of summons filed on 20 November 1990, the original respondent claimed against the appellant as follows: “(i) Declaration that he is the registered proprietor of the parcel of land situate at 41,Ogundana Street, Off AllenAvenue, Ikeja, Lagos State or in the alternative, is entitled to certificate of occupancy of the said parcel of land by virtue of a deed of conveyance registered as No. 48 in Volume 48 at page 1482 in 1975 in the Lagos Lands Registry.
N50,000.00 (fifty thousand naira) as damages for trespass on the said land.
Perpetual injunction to restrain the defendant from further trespass on the said land.”
It is the case of the respon…