M. E. OGUNDARE, J.S.C (Delivering the Leading Judgment): This appeal raises once again the propriety of a court granting to a party a relief that party has not claimed nor applied for. The Plaintiff, who is an appellant before us, had sued the Defendant (now respondent) claiming, as per paragraph 10 of his amended statement of claim:
"(i) A declaration that he has title over plot No.358, Sani Mai Nagge covered by Certificate of Occupancy No. LKN/RES/82/2281.
(ii) A declaration that the defendant is a trespasser over the land and therefore has no right to continue occupying the land or build, construct or erect any structure over the land.
(iii) A declaration that the defendant has no right to claim anything from the plaintiff in respect of the building the defendant started over the land.
(iv) Damages limited to the sum of N50,000.00 for trespass."
The Defendant resisted the claim and in his statement of Defence, set up a counterclaim whereby he claimed as per paragraphs 18 and 19:
"1…