ADAMU JAURO J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the Lagos State High Court delivered on 27th April, 2010 in suit number LD/1228/09, coram M. A. Dada, J.
The facts culminating in this appeal can be briefly summarized thus. The respondent as claimant in the court below commenced the action forming this appeal by a writ of summons dated 28th July, 2009 and accompanied by a statement of claim and other court processes, seeking for the following reliefs:-
"(1). A declaration that the Claimant is the rightful owner of 4 (four) plots of land out of the parcel of land owned by the Defendants situate, lying and being at Kajola in Ibeju Local Government Area of Lagos State.
(2). An order of specific performance compelling and directing the Defendants to yield up the said 4 (four) plots of land paid for by the Claimant, put the Claimant in peaceable possession and
occupation of the said 4 (four) plots and execute all relevant and necessary document…