HARUNA SIMON TSAMMANI, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of the Ogun State High, sitting in the High Court No.1, Agbara, presided over by A. A. Akinyemi J in Suit No: HCT/45/2003, delivered on the 14th day of December, 2010.
The Appellant and one other as Plaintiffs before the trial High Court, initiated the action by Writ of Summons dated and filed on the 06/2/2003. Same was accompanied by a Statement of Claim also dated and filed on the 06/2/2003. At paragraph 11 of the said Statement of Claim, the Plaintiffs/Appellants sought the following reliefs:
1. A DECLARATION that the Plaintiffs are the owner of the parcel of land known, lying and set at Ago Igunnu Ijoko-Ota measuring 60 x 120 more particularly described, in the Composite Plan drawn by Elegbeleye F. B. Licensed Surveyor.
2. A DECLARATION that the entering into the aforesaid parcel of land by the Defendants is wrongful and illegal. And consequential orders directing that the structure…