SIDI DAUDA BAGE, J.C.A. (Delivering The Leading Judgment): This is an appeal against the ruling of L.B. Lawal Akapo J, of the Lagos State High Court of Justice, holden at Ikeja, in suit No.ID/136M/2008 delivered on 30th September, 2009. The facts relevant for determination of the appeal can be summarized thus:
1.02 By an originating summons dated the 28th day of February, 2008 the Respondent instituted proceedings against the Appellant and unknown persons as 1st and 2nd Defendants respectively for recovery of possession of the piece or parcel of land known as plot 4 Block 148 Ipaja New Town Scheme Ipaja, Lagos State measuring approximately 1820.96 square metres as shown on survey plan No. LS/D/LKJ403F and covered by certificate of occupancy dated the 30th day July 1990 and registered as No. 5/5/1990 N on the ground that the claimant [Respondent] was entitled to possession and that the persons in occupation are there without his licence or consent. See pages 1-2 on the record.
1.03 Th…