Facts:

By a Writ of Summon and Statement of Claim, Lekki Reality Nigeria Limited, the Defendant (now Respondent) at the trial Court claimed to own the parcel of land situated at Poroku Village along Lekki – Epe Express Way, Lekki Peninsula by virtue of a Deed of Assignment dated 29 May 2005 executed between the Respondent and the representative of the Ojomu Chieftaincy Family of Ajuran in Eti Osa Local Government. Upon acquisition, the Respondent took steps to perfect its title by obtaining the Governor’s consent and went into immediate possession of the parcel of the land, and to the effect erected a fence around the perimeters of its land, developed a raft foundation on the land and sand-filled same with about 250 cubic meters of sand, and obtained building approvals and developed a building on the piece of land. The Respondent claimed to have been enjoying peaceful and quiet possession until the 6th of March 2009, when the 1st Appellant acting through the 2nd Appellant, went beyond the approved right of way as contained in the 2007 gazette and trespassed into the Respondent’s land purportedly claiming title thereto by virtue of its contractual agreement with the Lagos State Government.
On the hand, the Appellants’ by their Statement of Defence contended that the 1st Appellant is a party to a concession agreement entered into with the Lagos State Government for the performance of the function of the Lagos State Government as it relates to the design and construction of the Lekki – Epe Express way together with the operation of the services relating to it and the provision of finance for the design, construction and operation of the Lekki Epe- Express Way, and that following the concession agreement entered into the with the 1st Appellant, the Lagos State Government approved, acquired and cleared a right of way for the 1st Appellant for the purpose of carrying out the function of the Lagos State Government as it relates to the design, construction and operation of the Lekki Epe Express Way. The Appellants’ stated that the right of way was transferred to the 1st Appellant by virtue of a Deed of Lease for the purpose of enabling the 1st Appellant to perform and discharge its obligations under the concession agreement. That the whole land in respect of which the Respondent sues falls within the approved right of way cleared by the Lagos State Government on behalf of the 1st Appellant.
Upon considering the argument as postulates by both parties the trial Court gave judgment in favour of the Respondent and awarded it the sum ₦50,000,000.00 (Fifty Million Naira) as general damages.
Dissatisfied by the trial Court’s judgement, the Appellant appealed to the Court of Appeal.