YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Lagos State High Court presided over by HON. JUSTICE M. O. OBADINA delivered on the 25th day of April, 2007 wherein judgment was entered for the Respondent (Claimant at the Lower Court) and the counter claim dismissed. Dissatisfied with the said judgment the Appellant filed an Amended Notice of Appeal setting out 5 grounds of appeal.
The brief facts to this appeal are that the Respondent as Claimant before the trial Court initiated an action against the Appellant praying the Court for the following reliefs:
a. Declaration that the plaintiff is the owner of all that piece of land lying being and situate at No.28, Matanmi Street, Odi Olodo Mushin on the Mainland City of Lagos measuring approximately 501.270 Square metres and forming part of ALL THAT PIECE OR PARCEL OF LAND Known as Plots 1 5 AIDA MOORE'S ALLOTMENT which is affirmed by Deed of Conveyance registered as No. 35 at …