ONNOGHEN. J.S.C. (Delivering the Leading 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 the 30th day of 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 the 21st day of November, 1996.
By a writ of summons filed on the 20th day of 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 Allen Avenue, 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.
(ii) N50,000.00 (fifty thousand naira) as damages for trespass on the said land.
(iii) Perpetual injunction to restrain the defendant from fur…