OBASEKI, AG. C.J.N.: This appeal is against the decision of the Court of Appeal sitting on appeal from the decision of the High Court of Lagos State in the consolidated suit LD/521/75 and LD/828/75.
The respondent was the plaintiff and the appellant was the defendant to the claim filed in suit no. LD/521/75. There, the plaintiff claimed:
"(1) a declaration that the plaintiff is entitled to a moiety of the house and landed property known and described as No.20 and 20A, Glover Street, Lagos and covered by Land Certificates Title No. LO.1004 and LO.3659 respectively;
(2) An account from the defendant of all rents collected by the defendant from September, 1970 to March, 1975
(3) Payment of half the amount collected from tenants and/or occupants of the said premises by the defendants."
In suit LD/828/75, the appellant was the plaintiff and the respondent the 2nd defendant.
Therein the plaintiff claimed:
"(1) An order to set aside the judgment of Mr. Justice B.A. Kazeem delivered on 27th …