FADAWU UMARU, J.C.A. (Delivering the Lead Judgment): This is an appeal against the Ogun State High Court Judgment, Ota Judicial Division, Per O.S. Olusanya J. (herein referred to as “the trial Court") in Suit No. HCT/182/2010 delivered on the 11th day of September, 2018.
The Respondent in this appeal instituted the action against the Appellant at the trial Court. The Claimant/Respondent, by its Amended Writ of Summons and Amended Statement of Claim filed on 7th of October, 2013, claims against the defendant/Appellant the following:
“a. A declaration that the certificate of occupancy NO.00010963 dated 17th July, 1983, registered as NO.14 at page 14 volume 274 at the lands registry, Abeokuta, issued in favour of the S.T.B Holdings Limited and which was later assigned to the claimant company upon the consent of the governor dated 28th December, 1999, is subsisting.
b. A declaration that the Defendant's encroachment on the land in dispute is illegal and unlawful.
c. Possession of the land in …