MR. MAYOMI AFEKHUAI & ANOR V. MRS. BISI ODUBONA

YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Lagos State High Court in suit No: ID/666/2005 delivered on the 10th November, 2014 by HON. JUSTICE A. O. TAIWO. The Court below entered judgment in favour of the Respondent as claimant before the Court below. Dissatisfied with the decision, the Appellants filed an Amended Notice of Appeal on the 11/7/2016 setting out 5 grounds of appeal.

The claim of the Respondent commenced by a writ of summons states thus:

"i. A declaration of title to the land situate at No. 21/22 Oroleye Street, Opebi lkeja, Lagos

ii. An order of perpetual injunction restraining the defendant (Appellant herein) their servants, agents and privies from further trespass on the land in dispute.

iii. The sum of N10,000,000 (Ten Million Naira) as damages for the trespass suffered by the claimants

iv. Cost of action."

Brief facts of the case are that the 2nd Appellant bought a piece of land from the family of Kuyas…