NZEAKO J.C.A. (Delivering the Leading Judgment): In the suit filed on 23rd November, 1992 at the High Court of Lagos State which came before B.O. Martins J., the plaintiff had originally claimed against the 1st defendant only, a declaration that he was the person entitled to the statutory right of occupancy to a piece of land at No.2 Obasa Street Anifowoshe, Ikeja, N500 special and general damages for trespass and perpetual injunction restraining the defendant, his servant, agents etc, from further trespass.
Pleadings were much later exchanged by parties after much delay by the Defendant, who caused a rehearing of the suit. The matter then proceeded to retrial. Following certain developments after the suit was being heard, the 2nd defendant got leave of the Court to be joined as 2nd Defendant, and the plaintiff amended his statement of claim. His claim then had new paragraphs 2 and 3 and now read as follows:
The plaintiff claims against the defendants:
"1. A declaration that the pla…