Judgment
FOLASADE AYODEJI OJO, J.C.A. (Delivering the Leading Judgment): The instant appeal is against the ruling of the Ogun State High Court of Justice, Ota Judicial Division in Suit No. HCT/116/2014 BETWEEN: (1) CHIEF SARAFA LAWAL (2) ALHAJI TAJUDEEN OSUNBA (3) SURAJU AFOLABI ODUNSI (For themselves and on behalf of Isosanyin Family of Isheri Olofin, Ogun State) AND (1) MR. IYANDA SANNI ISIAKA (2) MR. KOLAWOLE OLUWOLE ADEOYA (3) OSHE PLAZA (4) OUR LADY CHURCH (5) MR. SANTANA DEFENDANTS AND IN RE: (1) MR. WILSON NUBI (2) MRS. OLUREMI OMOSOLAPE NUB APPLICANTS delivered on 6th of October 2016.
A summary of the facts leading to this appeal are as follows: By a judgment delivered in Suit Nos: HCT/237/2001 BETWEEN: CHIEF ODUNSI & ORS. VS. KADIRI BURAIMO AKINYEMI & ORS. on the 10th of March 2014, the lower Court (Coram: A. A. Akinyemi J.) granted amongst others a declaration that the Appellants’ Family are the owners of the parcel of land lying being and situate at Isheri Olofin more particularly delineated in Survey Plan No. DSC/OG/19A dated 20th June, 1980.
Pursuant to the said judgment, the Appellants took out a Writ of Summons at the lower Court wherein they sought for an Order granting them possession of the land occupied by named persons on Isosanyin Family, damages and the cost of the action. The named Defendants did not defend the action. After taking the evidence of the Appellants’ sole witness, the learned trial judge, (O. S.
Olusanya J.) in a considered judgment delivered on the 11th of April 2016 made an order granting possession of the land claimed to the Appellants and awarded the sum of N250,000.00 as general damages against each of the named Defendants. The Appellants caused a Writ of Attachment/Possession to issue against the instant Respondents who were not named as Defendants in the action and proceeded to execute the judgment against them. In reaction to the above development, the instant Respondents as Applicants filed a Motion on Notice on 28th of June, 2016 wherein they sought the following Reliefs: 1.
An Order of Court setting aside the Order of Possession granted in favour of the Claimants pursuant to the judgment of the Court delivered on 11th of April 2016 as far as it concerns the Applicants. 2. An Order of this Honourable Court setting aside the Writ of Attachment/Possession issued and levied against the Applicants’ properties situate, lying and being within 2km Acquisition, off Lagos-Ibadan Expressway, Isheri-Olofin, Ifo Local Government Area, Ogun State comprised in Certificates of Occupancy No. 4/4/667 and No. 33/33/700 of the Lands Registry Office at Abeokuta on 22nd June 2016. 3.
