OBANDE OGBUINYA, J.C.A. (Delivering the Leading Judgment): This appeal stemmed from the ruling of the Kwara State High Court, Ilorin Division, presided over by Hon. Justice J. F. Gbadeyan, delivered on 01/12/2004 dismissing the appellants' application to set aside the judgment of the lower court delivered on 26/03/2004.
The facts of that case, which culminated into this appeal, are straight forward. On 14/06/2001 the appellants, as the plaintiffs, sued the defendant, as the defendant, in the lower court in suit No. KWS/96/2001 wherein, they, the appellants, claimed against the respondent for a declaration of entitlement to a statutory right of occupancy, trespass, injunction and damages over a parcel of land situated, lying and being at Ita-Ama close-next to the fence of Pakata Dispensary and Maternity on the North-side Angle in Ilorin West Local Government Area. In an expected reaction to the appellants' action, the respondent entered an appearance, by dint of an application, and su…