TINUADE AKOMOLAFE-WILSON, J.C.A. (Delivering the Leading Judgment): The 1st and 2nd Respondents herein, as Plaintiffs at the High Court of the Federal capital Territory, holden at Abuja, (hereafter called the Trial Court), took out a Writ of Summons on the 10th of July, 2007 against the Appellant, Development Control, FCDA Abuja and Minister, Federal Capital Territory Administration as 1st, 2nd and 3rd Defendants respectively. In this appeal, the 2nd and 3rd Defendants were initially reflected as the 3rd and 4th respondents. At Paragraph 24 of the Amended Statement of claim, the 1st and 2nd Respondents sought the following reliefs:
1. A Declaration that the 1st Defendant is a trespasser in the said Plot 753, Wuye District, Abuja.
2. A Declaration that the action of the Minister, Federal Capital Territory Administration is illegal, unconstitutional and a violation of the civil rights of the Plaintiffs.
3. An Order of the Court directing the 2nd Defendant to demolish whatever structure, if…