CLARA BATA OGUNBIYI, JSC (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, Abuja division delivered on the 19th day of January, 2005 dismissing the appellants appeal from the High Court of Justice, Abuja.
FACTS OF THE CASE
The Respondent then plaintiff issued a writ of summons against the appellants, then defendants at the High Court of Justice, Abuja on the 7th day of March 2001 claiming the following reliefs:
i. Declaration of title over plot F96 in his favour.
ii. An order of perpetual injunction restraining the Defendants/Appellants and their servants, agents and privies from and further trespass to the land.
iii. ₦1,600,000 (One million, Six Hundred Thousand Naira) special damages and listed are the items of the damages and value.
Also claimed is interest on the judgment sum at the current bank rate until the judgment is delivered and thereafter at such rate and for such periods as the Court should think fit.
From the statement of claim, t…