NWALI SYLVESTER NGWUTA, J.S.C. (Delivering the Leading Judgment): The appellants before were the plaintiffs in the High Court of Justice of Imo State, Owerri Judicial Division. They sued the Respondent and claimed, inter alia, and to restrain the Respondents by themselves, their servants and agents from nuisance by noise vibration or sound into and about the plaintiffs' premises and hospital at Plot 15, Aladinma Northern Extension Layout Plots C1 and C2.
Pleadings were filed and exchanged. Trial opened and the appellants as plaintiffs in the trial Court, called five (5) witnesses and closed their case on 8/11/2000. The case was first adjourned to 6/12/2000 and then from that date to 14/2/2001 for defence and address.
It would appear, from the order of the trial Court dated 22/3/2001, that the Respondents as defendants at the trial Court, abandoned the case whereupon the trial Court found in favour of the appellants and granted all their reliefs including an order for the Respondents …