T. O. ELIAS, CJN (Delivering the Leading Judgment): In Suit No. LD/217/69 in the Lagos High Court, judgment was given by Sowemimo, J., against the defendants, who are appellants in the present appeal. The present respondents as the plaintiffs had instituted the action against the appellants claiming against them as follows:
1. For a declaration of title in fee simple to the piece of land known as plot 30 in sub-area 3 of the Lagos Central Planning Scheme, 1951, situated at Gbajumo Street, Lagos, or in the alternative for a declaration that the plaintiffs are entitled to estate interest or right to the said piece of land.
2. For an order directing the Registrar of Titles to rectify the Register kept at the Land Registry, Lagos, by expunging the name of the 1st defendants therefore and inserting the name of the plaintiffs as the registered owners.
3. For an order directing that the 1st defendants do surrender to the 2nd defendant for cancellation and/or destruction the Certificate of…