In SUIT No. IK/312/71 in the High Court of Lagos State the plaintiff, herein appellant, claimed against the defendant herein respondent, as follows:

The plaintiff did not tender a survey plan neither did he call any licensed surveyor.

The learned trial judge entered judgment for the appellant, granted him a declaration of title and an injunction; but disallowed the claim for possession. In the course of his judgment, the learned trial judge commented adversely on the absence of a provision in the rules of the High Court of Lagos State for non-suiting a plaintiff in an action, thereby drawing attention to the omission, which he regretted and considered to have created a serious lacuna. The respondent in this court thereupon appealed to the Federal Court of Appeal which set aside the judgment of the learned trial judge and dismissed the appellant's claim. This appeal is from that judgment.