UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of the High Court of Lagos State delivered on the 11th day of January, 2005 by Hon. Justice O. A. Williams.
By a writ of summons together with a Statement of claim dated 11th April, 2000 but filed on the 17th April, 2000, the Respondent as Claimant claimed against the Appellant as Defendant as follows:
1. A declaration that the Plaintiff is the person entitled in Law and equity to the certificate and right of occupancy in respect of a piece of land which situates, lying and being at No.54, Palm Avenue Mushin, Lagos State measuring approximately 833.33 square yards (i.e. 696,764 meters) on Survey Plan No. 68/1965 annexed to an Indenture made on the 11th day of July, 1965 and duly registered as No. 51 at page 51 in Vol. 2 of the Lands Registry Office at Ibadan (now Alausa, Lagos State),
2. A declaration that the Defendant's forceful entry and ejectment of the Plaintiff by the Defendant f…