PATS-ACHOLONU J.C.A. (Delivering the Leading Judgment): In the court below, the plaintiff now the respondent had claimed as follows:
"(i) A declaration that the plaintiff is entitled to the grant of a certificate of occupancy in respect of the place or parcel of land described as Plot 43 on the allotment of Magistrate Isaac John on plan No. AK 782 situate and being at Itire - Ikate near Iguru Mushin in Ikeja Division of Lagos State (now known and described as Plot 43, No.39 Ogunlana Street Aguda, Surulere, Lagos by virtue of the deed of conveyance dated 13/9/70 executed in favour of plaintiff by Isaac Sylvanus John and registered as No. 93 page 93 in volume 1131 of the Lands Registry in the office in Lagos.
(ii) Alternatively an order that the plaintiff is entitled to recover the said piece and parcel of land in view of the claim above.
On being served with the statement of claim the defendant filed his statement of defence in which he stated that he had been in undisturbed possessio…