RITA NOSAKHARE PEMU, J.C.A. (Delivering Leading Judgment): The suit, the subject matter of this appeal was instituted by Writ of Summons dated 13th August 2007 - pages 1-27 of the Record of Appeal.
In paragraph 26 of the Statement of Claim, the Claimants claim against the Defendant as follows:
(1) A declaration that the Claimant are the beneficial owner and therefore entitled to the grant of statutory right of occupancy on the entire property situate at No. 24 Faji Street, Lagos which is particularly described in Survey Plan No. LAT/427/LA/89 dated 20/10/89 drawn by Lat. Survey Consultant, Licenced and Registered Surveyor with Beacon Nos. DAC6154, DAC6155, DAC6166, DAC6157, DAC6158, DAC6159, DAC6159, DAC6160, DAC6161 and thereon edged red.
(2) A declaration that the redevelopment of the portion occupied by the Defendant into 3 storey building without proper building agreement with the Claimants amounts to a trespass and therefore wrongful, unlawful and illegal.
(3) Forfeiture of the D…