MUNTAKA-COOMASSIE, J.C.A. (Delivering the Leading Judgment): This is an appeal by the defendant in the court below, against the judgment of the High Court of Justice Kwara State of Nigeria, delivered by the Honourable Justice J.A. Ibiwoye on 26/4/2000.
The Respondent, as plaintiff in the lower court, had instituted an action against the Appellant, as defendant claiming as per his Statement of Claim thus:
(a) "A DECLARATION that by virtue of the DEED OF ASSIGNMENT Between the plaintiff and the defendant dated the 1st of March, 1997, the plaintiff has become the absolute and beneficial owner of a piece or parcel of land measuring 50ft by 80ft situate, lying and being at Opposite CHRIST APOSTOLIC CHURCH No. 87 TAIWO ROAD, ILORIN.
(b) A DECLARATION that by virtue of DEED OF ASSIGNMENT Dated the 1st March, 1997, between the plaintiff and the defendant the plaintiff is the only person entitled to a grant of a statutory right of occupancy over a piece or parcel of land measuring 50ft by 80ft…