JOSEPH SHAGBAOR IKYEGH, J.C.A.(Delivering the Leading Judgment): The appeal is from the decision of the Federal High Court, Lagos (the court below) dismissing the appellants' notice of preliminary objection challenging the jurisdiction of the court below to entertain an action founded on damages for trespass and perpetual injunction against the respondent over leased property situate at Murtala Muhammed International Airport Ikeja, Lagos.
Briefly, the respondent issued a writ of summons dated 22-01-13 at the court below seeking reliefs of perpetual injunction, damages of N150,000,000.00 (One Hundred and Fifty Million Naira) for trespass to leased landed property and N50,000,000.00 (Fifty Million Naira) for costs of the action against the appellants.
In a preliminary objection the appellants argued at the court below that the action outside the jurisdiction of the court below and amounted to an abuse of the process of the court, in that similar action bearing No. FHC/L/CS/906/2010 was …