MUSA DATTIJO MUHAMMAD, J.C.A. (Delivering the Leading Judgment): This is an appeal against the interlocutory decision of the Ogun State High Court contained in ruling of Hon. Justice A.A. Akinyemi sitting at Ota Division of the court and delivered on 19th day of January 2006 in suit no. HCT/13/2003. The brief facts of the case from which the appeal arose are supplied hereunder.
The Respondents in this appeal, as plaintiffs at the lower court, took out a writ 15th January, 2003 against the Appellant who was the defendant. Respondent claim was for declaration of title to the land situate off Lagos/Sokoto Road at Ijuri Village near Igbesa in Ogun State which land is more particularly delineated and verged "Green" in the survey plan No, TAA/OG/038/95 dated 10/02/95 and measuring approximately 19.687 acres. Respondents also prayed the court for a ₦2 Million Naira damages for Appellant's trespass and an order of perpetual injunction restraining the Appellant, his agents, servants, privies, …