UZO IFEYINWA NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of Ondo State delivered by Hon. Justice T. O. Osoba on the 16th day of February, 2005 wherein the Court ordered that the rent accruing from the property in dispute be paid into the registry of the Court pending the determination of the action.
Dissatisfied with the ruling, the Appellant filed a Notice of Appeal dated the 2nd March, 2005 consisting of three grounds of Appeal.
The facts briefly stated are as follows;
By an Amended Writ of summons together with an Amended Statement of Claim the Claimants now Appellants claimed against the 1st 3rd Defendants now 1st 3rd Respondents as follows:
(a) A DECLARATION that the Plaintiffs are entitled to the right of occupancy of the property situate at No. 30, Ibikunle Lane, Idi-Agba Titun, Akure, Ondo State and that the 3rd Defendant is not entitled to the right of occupancy.
(b) A DECLARATION that the purported sale of the p…