CHUKWUMA-ENEH JCA (Delivering the Lead Judgment): By a writ of summons and statement of claim filed on 26/2/01, the 1st, 2nd and 3rd defendants (respondents) claimed as follows:
“(a) a declaration that they are the persons entitled to be issued with certificate of occupancy in respect of various parcels of land being occupied by them and claimed by the 1st defendant at Yakoyo near Ojodu Village.
(b) a declaration that the judgment in Suit No. FHC/L/CS/820/95 is null and void as neither the plaintiffs nor the 2nd and 3rd defendants were served the court process in the suit.
(c) an injunction restraining the defendants; their servants, agents, privies and otherwise howsoever from interfering with the plaintiffs’ possession of the land being occupied by them in Yakoyo, nor (sic) Ojodu village.”
The appellant conceiving that the court below has no jurisdiction to entertain the action and also that there is no cause of action has filed instant application (Motion on Notice) to dismiss the a…