HELEN MORONKEJI OGUNWUMIJU, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of the Edo State High Court delivered by Hon. Justice A.N. Erhabor on 19/3/2012. The facts that led to this appeal are as follows:
The Respondents who were claimants at the trial court sued the 1st Appellant over a small portion of land which they claimed was part of their vast land called Anjozote, Ugbogbo Quarters, Igarra in Edo State. On the application of the 2nd Appellant, he was joined in a representative capacity by order of the trial court dated 7th February, 2007 as the 2nd defendant (now 2nd Appellant).
The Respondents' claim against the Appellants jointly and severally as contained in paragraph 50 of the Further Amended Statement of Claim thus:
(1) A declaration that the plaintiffs are entitled to the statutory right of occupancy in the said land in dispute the dimensions and abuttals whereof are more particularly shown on the survey plan No. V.P.S/EDO5/134 dated 12/1…