UWAIFO, J.C.A. (Delivering the Leading Judgment): An interesting complexity has arisen in this appeal from two orders made by Fernandez J. the same day at the same sitting in respect of a failure to serve a writ of summons on one of two defendants in the suit within 12 months of issuing the writ of summons. The plaintiff/respondent took out a writ of summons at the Lagos High Court against the appellant as 1st defendant as well as the 2nd defendant/respondent on 10 November, 1987. The statement of claim was also filed that day. The reliefs claimed were:
"(1) A declaration that the Land Certificate or Certificate of Title which was ordered to be issued by the Registrar of Titles to the 1st defendant on the 16th May 1986 was procured by the fraud of the 1st defendant
(2) An Order that the said Land Certificate or Certificate of Title be delivered up by the 1st defendant to the plaintiff for the purpose of enabling the plaintiff to cancel the same by destruction thereof.
(3) A declaration t…