P. O. ADEREMI, J.C.A. (Delivering the Leading Judgment): The action leading to this appeal was commenced on 17th February, 1976 (before coming into force of the Land Use Act 1978).
By the endorsement on the writ of summons, the plaintiff/hereinafter referred to as the respondent) claimed against the defendant (hereinafter referred to as the appellant) the following reliefs:
(1) A declaration of title in fee simple or alternatively under Yoruba Native Law and Custom to that piece or parcel of land situate at Balogun Street, Ikeja known as Plot 27 Balogun Layout.
(2) N3,490.00 being special and general damages for trespass committed by the defendant and/or his agents.
(3) Injunction restraining the defendant, his servants and/or agents from further trespass on the land.
Pleadings were ordered and filed by the parties. With the leave of court, both parties amended their respective pleadings.
The final pleadings filed and exchanged between the parties and upon which the case was fought an…