In the writ of summons issued at the High Court of Lagos State in the Ikeja Judicial Division on 29 February 1992, the 1st appellant was the plaintiff who claimed against the 1st - 9th defendants (respondents) as follows: "
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a
A damage for trespass by the defendants jointly and severally to all the buildings and structure erected on a twenty (20) acres of land and premises lying, being and situate at kilometre 15 along Badagry Expressway, Lagos which is better defined in the portion edged RED in plan No. ROC/LA1/90 of 15 June 1990 drawn by R. Oluwole Coker, Licensed Surveyor, a copy of which is delivered herewith.
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b
An order for the ejectment of the defendants, their servants, agents or any person claiming transfer under them, from the land in dispute.
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c
An order of perpetual injunction restricting the defendants, whether by themselves, their servants, agents or howsoever from committing or continuing to commit any further acts of trespass on the land in dispute, whether by way of entry F thereupon or by sale or disposition of any interest therein." (See page 2 of the record).
The 2nd - 4th plaintiffs were joined by order of the trial court as co - plaintiffs.
Pleadings were filed and exchanged.
In addition to their statement of defence, the 2nd - 4th defendants counterclaimed against the plaintiffs jointly and severally as follows:
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i
"A declaration that the alienation, transfer or lease of the land in dispute, in plan No. ROC/LD1/90 is null and void and of no effect.
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ii
N250,000.00 (two hundred and fifty thousand naira) from 22 December 1986 until the plaintiff vacates the said land as damage for trespass.
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iii
An order directing the 2nd-5th plaintiffs to render account of rents or monies collected on the building of the 1st plaintiff lying, and being at kilometre 15, Badagry Express Road, shown on the portion of the Survey Plan No. ROC/LA1/90, drawn by licensed surveyor, R. Oluwole Coker.
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iv
An order of injunction restraining the 5th-11th defendants jointly and severally by themselves, their agents, servants, and privies or assigns from committing further acts of trespass on the land shown on plan No. AB 1381." (See pages 3-4 of the record).
In its judgment, the trial court held that the particulars of the N100,000.00 (one hundred thousand naira) claimed as general and special damages in the amended statement of claim were not pleaded or proved. The court held under general damages that the plaintiffs were "entitled to something", and awarded the sum of N10,000.00 (ten thousand naira) as general damages in favour of the 1st plaintiff against the defendants jointly. The court also made an award of N10,000.00 (ten thousand naira) in favour of the 2nd-4th plaintiffs jointly against the defendants. (See page 273 of the record).
On the counterclaim, the trial court held, inter alia: "Having dismissed that claim I believe all the reliefs built upon it collapsed and they are found not tenable. All the reliefs of the defendants as contained in their counterclaim are hereby dismissed. That is the order of this court." (See page 273 of the record).
Aggrieved by the judgment, the 1st-3rd and 6th-9th defendants appealed to the Court of Appeal Lagos Division. The 4th defendant was also aggrieved and he filed his notice and 'grounds of appeal.
In its judgment delivered on 20 May 2004, the lower court concluded thus:
"After careful consideration of the lone issue, in my opinion, the 1st-3rd, 6th-9th and 4th appellants' appeal should succeed on the following grounds, namely:
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1
Suit No. LD/1213/76 relied upon by the learned trial judge as confirmation of the title of the plaintiffs/respondents over the land in dispute has been interpreted by the Court of Appeal in suit No. CA/L/122/90 (exhibit 7) not to be binding on the Odan Parapo family.
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2
Suit No. CA/L/122/90 is a subsisting judgment which has not been upturned by a higher court and the judgment being a judgment of a superior court of record is binding on the learned trial judge. A In the final result, I am of the firm view that the appeal is meritorious and ought to be allowed. I therefore allow it. I hereby set aside the judgment of Longe (J), delivered on 16 December 1998. However, I hereby make order dismissing plaintiffs/respondents' claim against the 1st-3rd, 6th-9th appellants and enter judgment upon the counterclaim of the 4th defendant's appellant. I assess costs of N5,000.00 (five thousand naira) in favour of each set of the appellants against the respondents." (See pages 525-526 of the record).
The 1st-4th plaintiffs (now appellants) were not satisfied with the judgment of the lower court and they appealed to this court
