JOHN INYANG OKORO, JSC (DELIVERING THE LEADING JUDGMENT): This interlocutory appeal is against the judgment of the Court of Appeal, Benin Division, delivered on 9th December, 2009, affirming the ruling of the trial court per, N. S. Adeyanju J. in Suit No. AK/181/02, which said ruling was delivered on 3rd May, 2007.
The 1st - 3rd Respondents herein, as plaintiffs, commenced an action vide a writ of summons filed on 7th August 1992 at the High Court of Ondo State against the 4th- 6th Respondents as 1st- 3rd Defendants and these Appellants as 4th and 5th Defendants. In the said writ of summons, the plaintiffs sought declaratory reliefs, inter alia:-
(4) Declaration that the land adjudged as belonging to Akure Community vide the judgment in Suit No. W/40/1939 remains the property of Akure and no person or authority has any right to grant statutory or customary right of occupancy in respect of the said land without regard to the rights and interests of the plaintiffs over the said land.
(5) D…