A. B. WALI, J.S.C. (Delivering the Leading Judgment): The appellant was the plaintiff in the High Court of Ogun State of Nigeria, in the Shagamu Judicial Division wherein he brought an action against the respondent/defendant, his former son-in-law, claiming as follows:-
"(a) An order setting aside the Deed of Conveyance obtained by FRAUD dated 25th day of June, 1965 registered as No. 1 at page 1 in Volume 867 of the Register of Deeds kept at the Land Registry IBADAN now ABEOKUTA.
(b) An account of Rents collected from all the building on the landed property by the defendant between 1963 and 1976. Payment over to the plaintiff of whatever is found due to him".
Pleadings were filed and exchanged. Both the appellant and the respondent gave evidence and called witnesses in support of their cases. In a considered judgment by Delano J. (as he then was) he dismissed the appellant's claims, concluding as follows-
"(a) The claims of the plaintiff in its (sic) entirety fails (sic) and it (sic) …