G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of the Lagos State High Court, in which the court granted the claim of the 1st plaintiff to a declaration of title to a property situate at No. 5, Abey Road, off Ikorodu Road, but dismissed the claims for damages for trespass and injunction. The court also ordered the defendant, now the appellant before us, to give up possession of the said property to the 1st plaintiff.
The facts, which are not in dispute and which are set out in the pleadings, are as follows. The original owner of the property in dispute, which for the purpose of the trial in the lower court is demarcated on a plan tendered in evidence and marked yellow, was the late Chief A. O. Thomas. The 1st plaintiff's predecessors-in-title bought the property from the Federal Administrator- General (the Administrator of the Estate of A. O.Thomas deceased) under and by virtue of a conveyance dated 1st June, 1955 and registered as No. 70…