OGUNTADE, JCA (Delivering the Lead Judgment): In suit No. LD/ 1167/32 before the Lagos State High Court, the appellant was the plaintiff and the respondents the defendants. The plaintiff had issued his writ of summons on 27/9/82 claiming from the defendants the following:-
“1. A declaration that the plaintiff is entitled to the allocation of House 14 v. Close, 5th Avenue at Festac town as per letter of 28th August, 1980.
2. N10,000.00 damages for trespass on the said House 14, v. Close, 5th Avenue at Festac Town.
3. An injunction restraining the defendants, their agents, servants and privies from continuing the trespass on the said house 14 v. Close, 5th Avenue, Festival Town re-allocating the said House to no other person other than the plaintiff.”
The parties filed and exchanged pleadings after which the suit was heard by Agoro J. (as he then was). The learned trial Judge in his judgment delivered on 31st July, 1987 dismissed the claims of the plaintiff. Dissatisfied, the plaintiff…