CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Obadina J. of the High Court of Lagos State in suit no. ID/2146/99 delivered on the 24th day of March 2004 granting in part the reliefs claimed by the plaintiff/Respondent.
The Respondent who was the plaintiff in the court below owns a large piece or parcel of land at Block N12 Ogudu G.R.A. in Kosofe Local Government Area of Lagos State covered by Certificate of Occupancy dated the 7th day of February 1979 and registered as No.13 page 13 Volume 1800 of the Register of Deeds at the Lands Registry Lagos. The Appellant who owns the adjacent plot met the Respondent in 1988 after he had written several letters to him offering to buy the land but the Respondent refused to sell. The Appellant then sought the permission of the Respondent to park his vehicles on the land which permission the Respondent granted and the Appellant then erected a fence to secure his vehicles.
In 1998, the A…