SOTONYE DENTON WEST, J.C.A (Delivering the Leading Judgment): This is an appeal by the Defendant (now Appellants) against the decision of the Ondo State High Court sitting in Akure delivered by Honourable Justice O. O. Akeredolu on 28th September, 2008.
The learned trial justice granted all the reliefs sought by the plaintiff (now Respondent) against the 1st and 2nd Defendants. The Defendants not satisfied with the decision appealed to this court by their Notice of appeal dated 24th October, 2008. See pages 96-158 of the record of Appeal.
On the 14th day of March, 2011, the Respondent at the trial court had instituted an action against the appellants by a writ of summons at the registry of the court, claiming the reliefs set out below:
1. A declaration that the 1st Defendant has no disposable interest in respect of the plaintiff's property situate, lying and being at Gaga Road, Oke-Aro, Akure covered by a certificate of statutory Right of Occupancy Registered as No.56 at page 56 in v…