CHUKWUMA-ENEH, J.C.A. (Delivering the Leading Judgment): The applicant (appellant) in the court below (High Court of Lagos State, Ikeja Division, Coram Holloway, J.), applied for an order of mandamus to compel the 1st respondent to issue by way of grant, a Certificate of Occupancy in respect of plots 3 and 4 in Shomolu Extension Layout Plan No. SHO 11 and for such, further order or orders as the court may deem fit to make in the circumstances. In support of the application, the applicant deposed to an affidavit of twenty one paragraphs with six exhibits marked 'A' 'B' 'C' 'D' 'E' and 'F'.
The respondents in the said application, also respondents/cross appellants in this appeal, opposed the application and filed a counter affidavit of twenty three paragraphs. The applicant did not file a reply to the counter-affidavit. After hearing the application, the court below inter alia made the following pronouncement.
"To be able to exercise the discretion of this court judicially, this type of…