OGWUEGBU, J.S.C. (Delivering the Leading Judgment): The respondents who are plaintiffs in the High Court claimed from the appellant herein and one J .O. Fashuwope, declaration of statutory right of occupancy, forfeiture and injunction in respect of a parcel of land at Tabon-Tabon, Agege, Lagos State covered by the judgment in Suit No. IK/141/65 together with Survey Plan No. AL.63/1962 which was decided in their favour.
After pleadings were filed and exchanged by the parties, the case proceeded to trial and at the conclusion, the learned trial Judge, Martins. J. entered judgment for the plaintiffs and granted all the reliefs sought. The defendants not being satisfied with the decision, appealed to the Court of Appeal. The court below dismissed the appeal of both defendants save in respect of the order of perpetual injunction made against them by the learned trial Judge.
The appellant who is the first defendant in the High Court has further appealed to this court. Both parties filed and…