KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of the High court of Ondo state, sitting at Okitipupa delivered on 16/11/2005 wherein the court granted all the plaintiffs'/respondents' claims for declaration of title, damages and injunction and dismissed the defendants'/appellants' counter claim.
Being dissatisfied with the decision, the appellants filed a notice of appeal containing two grounds of appeal. With leave of this court they subsequently filed an amended notice of appeal containing six grounds of appeal. Both parties duly filed and exchanged briefs of argument in compliance with the rules of this court. At the hearing of the appeal on 20/9/2012, ADEMOLA ADEYEMO ESQ., learned counsel for the appellants adopted and relied on the appellants' brief dated and filed on 11/7/2007. It was deemed properly filed on 16/6/2010. He also adopted and relied on the reply brief dated 18/4/2011 but deemed filed on 19/4…