ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Lagos State High Court in suit No: LD/298/84 delivered 1st June, 2004 coram OKE, J., wherein the Plaintiffs/Appellants has filed an action by way of a writ and statement of claim before the Lower Court for the following reliefs:
i. A DECLARATION that the Plaintiffs are entitled to the Certificate of Occupancy in respect of all that piece or parcel of land situate, lying and being at Abule-odi, Iganmu Odan, Badagry Division of Lagos State, more particularly described and delineated on survey plan No: AP2096 dated 7/1/78 and A.B APATIRIA Licensed Surveyor.
ii. N500.00 as damages for trespass committed by the defendant on the said land.
iii. AN INJUNCTION against the defendant, his servants, agents, and or his privies from committing further acts of trespass on the said land.
The trial began before OWOBIYI, J., up to address stage till he retired and it was assigned to O…