Facts:

Mr. Koleosho the respondent, and NDIC then as North South Bank (1st and 3rd appellants respectively) had entered into an agreement that became a consent judgment in which it appeared that the parties intended to give possession of 15 Festival Road Victoria Island to the respondent. In the meantime policemen entered the property for search and seizure. Mr. Koleosho sought and obtained leave to enforce his fundamental rights at the Federal High Court in Lagos. He also claimed declaration that he is in lawful possession of the property by virtue of the agreement; specific performance of the agreement and a declaration that the entry into and search of the applicant’s residence aforesaid and seizure and removal of property was unlawful. Mr. Koleosho also sought Injunctive orders; N15 million damages and an order for possession.

The 1st appellant filed a preliminary objection, and contended that the Federal High Court lacked jurisdiction because the main claim was a claim for title to land and ownership of the property and not the breach of a fundamental right. Learned trial Judge, Jinadu, J. held;