OWOADE JCA (Delivering the Lead Judgment): This is an appeal against the judgment of N.S. Adeyanju J., of the High Court of Justice Ondo State, sitting at Akure, delivered on 29 January 2010. By a writ ofsummons and statement of claim dated 27 November 2007, the respondent as plaintiff sued the 1stdefendant/1st appellant claiming the following reliefs: “15 Whereof the plaintiff claims against the defendant as follows: Declaration that the plaintiff and her children are entitled to take immediate possession, use and occupation of the rooms and farms bequeathed to her by her husband in his testament dated 10 September 2004. An order directing and compelling the defendant to yield up the immediate possession of the rooms and farms bequeathed to the plaintiff and her children by the deceased, Stephen Bosede in his last testament dated 10 September 2004. An order directing the defendant to render account and hand over to the plaintiff, all the proceeds so far realized from the sale of co…