JOHN AFOLABI FABIYI, J.C.A. (Delivering the Lead Judgment): This is an appeal against the judgment delivered by Mabogunje, J. while sitting at the High Court of Justice, Abeokuta in Ogun State of Nigeria on 13th January, 1999.
At the trial court, the respondent herein, as plaintiff, caused his suit against the appellant herein as defendant, to be instituted by originating summons in which he sought for the determination of the following question:
"Whether the Notice of Revocation of the Plaintiffs Statutory Right of Occupancy over that piece or parcel of land situate, lying and known as Plot 27C, Block XVIIB, Amendment to G.R.A. Core Area, Ibara, Abeokuta Ogun State registered as No. 18 at page 18 in Volume 329 (Certificate of Occupancy) of the Lands Registry in the Office at Abeokuta constitutes a valid Notice in accordance with the provisions of the Land Use Act, Cap 202 Laws of the Federation of Nigeria, 1990."
He maintained that if the answer to the above question is in the negati…