JOSEPH SHAGBAOR IKYEGH, J.C.A.(Delivering the Leading Judgment): The appeal is against a Ruling made by the High Court of Justice of Lagos State (the court below) entering an order of possession of a parcel of land in favour of the respondent.
Briefly stated, according to the respondent, the husband of the appellant, a Mr. Adisa Adeogun (now the 1st appellant) who said he derived title to the disputed piece of land from a Chief Arowolo was noticed building on the land; the respondent discovered the development of the land and brought a motion for the husband of the appellant to be joined in the suit as 2nd defendant which was successfully opposed by the appellant's husband leading to the dismissal of the application for joinder; that during the pendency of the suit the appellant's husband split the parcel of land between himself and the appellant and both obtained two separate certificates of occupancy covering the respective portions of land dated 15.5.95 and 20.6.95 respectively; wh…