UWAIFO, J.C.A. (Delivering the Leading Judgment): On 6 June, 1974 the plaintiff took out a writ of summons at the Lagos High Court against the defendant claiming the following reliefs:
"(1) Declaration of title in fee simple against the defendant to the piece or parcel of land, situate lying and being at Apesin Street, known as No. 27/29 Apesin Street, Idi-Araba, Surulere.
(2) Possession of the aforesaid piece or parcel of land.
(3) Injunction to restrain the Defendant, his heir/s, successor/s, his servants and/or assigns from further interfering with the plaintiff's possessory rights as to the aforesaid land."
The original plaintiff on record, Raliatu Ajibona, died and was substituted with Alhaja Wulemotu Ajibona. Similarly the original defendant, Alhaji Yinusa Davies, having died was substituted with Surajudeen Kolawole Yinusa Davies. On 24 April, 1990, A. B. Adeniji, J. gave judgment for the plaintiff.
In this appeal against that judgment, the defendant has in his brief of argument…