The appeal is against the judgment of Ogun State High Court sitting at Ota delivered on 31st day October, 2006 by A. A. Akinyemi, J.
The respondent as the then plaintiff in the trial court claimed in his amended writ of summons and statement of claim as follows:
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1
A declaration that the certificate of occupancy dated 2nd day of June, 1990 as No: 41 page 41 in volume 409 at the Lands Registry, Abeokuta, Ogun State, was validly issued in favour of Mr. Jerome Elaiho by the Governor of Ogun State of Nigeria.
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2
A Declaration that the transfer of the piece of land covered by the said certificate of occupancy was validly transferred by Mr. Jerome Elaiho to the plaintiff by virtue of the Deed of Assignment dated the 20th day of October, 2001.
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3
A Declaration that the plaintiff is the rightful person entitled to apply for Ogun State Governor's consent to the transaction covered by the Deed of Assignment date (sic) 20th day of October, 2001 between the plaintiff and Mr. Jerome Elaiho, the original holder of the certificate of occupancy.
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4
An order of perpetual injunction restraining the defendants, their agents/privies, agents etc, from further continuing their acts of trespass on the res of this suit as covered by certificate of occupancy registered as No: 41 at page 41 in volume 409 at the Land Registry in the office at Abeokuta, Ogun State.
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5
The sum N100, 000 .00 each against the 1st, 2nd and 3rd defendants as general damages for their act of trespass committed on the plaintiff's land.
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6
Special damages in the sum of N450, 000.00 against the 1st defendant being the cost of structure erected on the part of the res of this suit, willfully destroyed by the 1st defendant."
The respondent as plaintiff called six (6) witnesses PWI - PW6 while the appellants as the defendants called two (2) witnesses, DW1 and DW2. At the close of hearing, the learned trial Judge granted all the reliefs sought except relief 6.
Dissatisfied, the appellants appealed to the court of Appeal.
