ATINUKE IGE, J.C.A.(Delivering the Leading Judgment): The Respondent who was the Plaintiff in the court below claimed against 1st Defendant (now Appellant in this case) and 3 others in Suit No. S/28/84 thus
1. A declaration that the judgment obtained by the 1st and 2nd Defendants in Suit No. S/63/81 in respect of the sand dump was obtained fraudulently and is null, void and of no effect whatsoever.
2. An order setting aside the said judgment obtained in the said Suit No. S/63/81 on 15/6/84.
3. An injunction restraining the Defendants by themselves, their servants and privies from touching or trespassing on the said sand dump or in anyway interfering with the same.
Pleadings were ordered and filed. The Plaintiff filed his Statement of Claim and 1st and 2nd Defendants filed their Statement of Defence. 3rd and 4th Defendants did not file any defence but were represented in Court.
The trial was before Unurhoro J. of Sapele High Court and after taking evidence on both sides and listening …