CHINWE EUGENIA IYIZOBA J.C.A.: (Delivering the Leading Judgment):This is an appeal against the Ruling of Adah J. of the Federal High Court, Ikeja Judicial Division, Lagos in Suit No. FHC/IKJ/CS/72/2011, holding that the preliminary objection raised by the Appellants was a demurrer which is not allowed and striking out same. The 2nd Respondent herein as plaintiff in the lower Court claimed against the Defendants/Respondents as follows:
i. A declaration that the act of the 2nd Defendant in putting materials and constructing structures on Plot No. 1?833A, Along Al Close, 7th Avenue, Festac Town, Lagos belonging to the Plaintiff amounts to trespass.
ii. A declaration that the purported allotment of the said land to the 2nd and 3rd Defendants amount to on infringement on the title of the plaintiff and thereof are illegal and null and void.
iii. An order of the Court nullifying the purported allocation to the 2nd and 3rd Defendants.
iv. A declaration that the judgment reached at the Federal Hig…