HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Justice, Ilorin, Kwara State delivered by the Honourable Justice M. A. Folayan on the 13th day of June, 2005.
The appellants had claimed the following reliefs at the lower court by writ of summons filed on 7/2/2003:
"1. Declaration of title over the piece or parcel of land on which defendant is encroaching upon.
2. Perpetual injunction restraining the defendant by himself, his agents, servants, successors, privies or workers from further encroaching or trespassing on the plaintiff's family land at Masudo Village, University of Ilorin Road"
The appellants pleaded the amended statement of claim filed on 4/3/2003 while the respondent's statement of defence and counterclaim as well as amended statement of defence and counter-claim were filed on 9/5/2003 and 21/2/2004 respectively.
The appellants filed a reply to the amended statement of defence on 23/9/2004.