AKPATA, J.C.A. (Delivering the Leading Judgment): Does a plaintiff have to claim for a rectification of the register of title relating to a grant of statutory right of occupancy made in favour of the defendant in his action far a declaration that he, the plaintiff, is entitled to a statutory right of occupancy to the parcel of land in dispute? What is the legal position when the plaintiff establishes that the defendant's land in a conveyance does not fall within the land in dispute? These and mare are the questions which have arisen in this appeal.
By a Writ of Summons dated 4th March, 1982, and as subsequently amended by leave of court, the plaintiffs as administratrix and administrator respectively of the estate of Chief Ayodele Williams (deceased) claimed for (1) a declaration that they were entitled to statutory right of occupancy to the parcel of land which situate at Owopetu Street, Off Ikorodu Road, Mushin, Lagos relating to the Deed of Conveyance dated 25th November, 1959 and …