NNAMANI, J.S.C. (Delivering the Leading Judgment): The appellant herein was the 1st defendant at the Ikeja High Court in Suit No.IK/34/71. In that suit the plaintiff (respondent herein) had sued him and one Afolabi Alias Baba Ramuni (who died in the course of proceedings) claiming the following reliefs:
"(1) Declaration of title to a piece or parcel of land situate lying and being at Fagbile, Odi Olowo, Mushin, Ikeja District
(2) 100 (One hundred pounds) general damages for trespass.
(3) Possession of the said piece and parcel of land.
(4) An injunction restraining the defendants, their servants and or agents from further acts of trespass to the said land"
Pleadings were duly ordered filed and exchanged.
The matters on which the parties joined issue can be seen from some relevant paragraphs of the parties' pleadings. In paragraphs 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16 and 17 the plaintiff averred as follows:-
"3. That the land in dispute is situate, lying being at 18, Ayan…