M. MOHAMMED, JSC (Delivering the Leading Judgment): The Appellants in this appeal were the Plaintiffs at the Federal High Court Lagos where they, by a Writ of Summons and statement of claim, filed their action against the Respondents herein who were the Defendants and claimed against them in paragraph 13 of the statement of claim as follows -
"(a.) A declaration that they are the persons entitled to be issued with certificate of occupancy in respect of the various parcels of land being occupied by them and claimed by the first 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 second and third Defendants were served with Court processes 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 at Yakoyo near Ojodu village."
However, before the …