UDO UDOMA, JSC (Delivering the Leading Judgment): In SUIT No. IK/312/71 in the High Court of Lagos State the plaintiff, herein appellant, claimed against the defendant herein respondent, as follows:
"(1) A declaration that the plaintiff is the owner in fee simple or alternatively under native law and custom of the piece or parcel of land situated lying and being at Isheri road, Ikeja district a plan of which is attached to the plaintiff's deed of conveyance dated 5th January, 1962 and registered as No. 23 at p. 23 in volume 528 of the Lands Registry at Ibadan.
(2) An injunction restraining the defendant, his servants or agents from committing or further committing any act of trespass on the said land.
(3) Possession of the said land."
In paragraphs 1 and 2 of the statement of claim filed and delivered, the appellant pleaded in the following terms, which must be here be set out in full in view of the controversy in this appeal:
"(1) The land in dispute is a large area of land situate, …