ISTIFANUS THOMAS, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Abeokuta High Court, Ogun State presided and delivered by G. A. Bakare, J on 14-10-1998.
The brief facts culminating in this appeal are as follows. This matter was instituted at the High Court by the Plaintiff, but now Respondent. By her 3rd amended statement of claim, she sought the following declarations and other reliefs against the Defendants but now Appellants as follows:-
"1. A declaration that the Plaintiff is entitled to a grant of certificate of occupancy over the piece of land situate, lying and being at Prison Street and more particularly described in survey plan No.LEL/C2000/62 dated 6th August, 1962.
2. The sum of N3,000,000.00 being special and general damages for the acts of trespass committed by the 1st and 2nd Defendants who illegally jumped on the said land and carried out building operation.
3. A declaration that the purported sale of portion of the said land in dis…