ADEREMI, J.S.C (Delivering The Leading Judgment): This appeal is against the majority decision of the Court of Appeal Kaduna Division (Coram Umaru Abdullahi, Presiding Justice) (as he then was) and A.O. Ige JCA (of blessed memory) who wrote the leading judgment delivered on the 24th February 1998 allowing the appeal against the judgment of the High Court of Kwara State, Ilorin Division. The minority judgment dismissing the appeal against the same judgment of the said High Court was written by Ogebe, JCA. Before the trial Court, the present appellant who as the plaintiff at that court had by paragraph 28 of his statement of claim dated 17th June 1991 claimed against the respondent/cross-appellant who was the defendant in that Court the following reliefs:-
"(1) A declaration that the land at Tanke, Ilorin sold to the plaintiff by the defendant is at all times his property.
(2) An order of perpetual injunction restraining the defendant from preventing the plaintiff or any of his agents a…