Y.B. NIMPAR, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Hon. Justice B.A. Oke-Lawal of the Lagos High court delivered on the 2nd February, 2012 in the suit brought by the Plaintiffs now appellants against Apostle Abai Olanrewaju and several others who were later struck out by the court and the Respondent joined by order of the lower court on the 19th February, 2007, he remained the only respondent to this appeal.
The Appellants as plaintiffs by a 4th Amended statement of claim principally sought for a declaration over a piece of land and perpetual injunction against the defendants (amongst other reliefs). The claim is expressly provided in paragraph 34 page 7 of the record and it states as follows:
1. A DECLARATION that the parcel of land measuring 23.43 hectares, forming Ajiwe village Excision Published in Lagos state official Gazette No.9 Vol. 29 of 28th March, more particularly described in survey Plan Misc 1078, prepared by Governor's offic…