PAUL ADAMU GALINJE, J.C.A. (Delivering the Leading Judgment): The appeal herein is against the decision of Ekiti State High Court sitting at Ido-Ekiti, delivered on the 28th June, 2012. The Appellants, who were the applicants at the lower Court, commenced their action by a Notice of Application for an order for enforcement of their Fundamental Right under Order 2 Rule 1. Although, the Rules under which the application was brought is not mentioned, we presume that their application was brought under the Fundamental Rights (Enforcement Procedure) Rules 2009.
The application dated 6th of June, 2012 and filed on the 8th June, 2012 prayed for the following reliefs:-
"(a) A DECLARATION that the interference/meddling by the 2nd and 3rd Respondents with the family land of the Applicants opposite SUBEB Model Nursery/Primary School, along Ayetoro Road, Otun-Ekiti on the instigation of the 1st Respondent is malicious, oppressive and an infraction of the Applicants' right to own immovable propert…