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 Ondo delivered on 18/4/2007 granting the claims of the 1st plaintiff (1st respondent in this appeal) and dismissing the counter claim of the 1st defendant (1st appellant herein).
By a Writ of Summons dated the 30th day of July, 2004 and Statement of Claim dated the 23rd day of August 2004 filed before the Ondo State High Court, Ondo Division the 1st respondent, claimed the following reliefs against the appellants:
1."A declaration that the plaintiff is the person entitled to assignment of Certificate of Statutory Right of Occupancy and/or use of land situated and lying at Abusoro/Ondo/Ife Road, Ondo measuring approximately 1, 250 hectares, which is more particularly described and edged Red on the survey plan no. JOE/1992/ dated 11th December 1986 prepared by J. Olasehinde Esan, Licensed Surveyor with Certificate of Occup…