EBIOWEI TOBI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Hon. Justice H. A. O. Abiru of the High Court of Lagos State sitting at Ikorodu in Suit No. IKD/21/2007- Chief Sanni Omotayo and Anor v. Mr. Olowole Jacob Banjoko and 2 Ors delivered on 8/4/2009. The brief set of facts at the lower Court is that the Appellants by a Writ of Summons dated 1/11/2007 filed on action against the Respondents claiming the following orders:
“1. A declaration that, the Claimants are the persons entitled to the statutory Right of Occupancy of all that piece and/or parcel of land situate, lying and being along Agunfoye Asoga Road, off Itokin Road, Ikorodu, Lagos State same covered by survey plan to be filed latter in this matter.
2. The sum of Two Million Naira (N2,000,000.00) being general damages for the trespass committed by these Defendants on Sundry dates in the year 2004 to better part of 2005, 2006, and 2007.
3. Perpetual injunction restraining these Defendant…