CORDELIA IFEOMA JOMBO-OFO, J.C.A. (Delivering the Leading Judgment): This appeal stems from the judgment of Hon. Justice Olasehinde Kumuyi of the High Court of Ondo State, Owo Judicial Division, delivered 25th March, 2010.
The appellants herein were the defendants at the trial court while the respondent was the plaintiff who sought reliefs as follows against the former:
1. A Declaration that the plaintiff is the lawful and beneficial owner of the vast area of land situate, lying and being at Oke - Ogun Street, Owo in between Owo/Benin Express Road and Agbogun Stream/River, Owo, Ondo State of Nigeria (hereinafter called the land) by virtue hereby he is entitled to the certificate of occupancy in respect thereof.
2. Perpetual Injunction to restrain the defendants either by themselves or by their servants or agents or privies or otherwise however and those claiming through them from further act of trespass on the said land or from carrying on any construction work or development on the l…