NWALI SYLVESTER NGWUTA, J.C.A (Delivering the Leading Judgment): On 17/1/02 the appellants then plaintiffs, issued a writ of summons and claimed the following reliefs against the defendants now respondents:
"Perpetual injunction to restrain the defendant, its servants, agents and/or assigns from further trespassing into the plaintiffs' land on the Murtala Mohammed Highway, opposite Naval Officers Quarters/Federal High Court, Calabar now used by RVL Motors.
2. N15 Million damages for trespass."
The owner/Managing Director, RVL Motors entered appearance as the defendant on 28/1/02. The appellants filed their statement of claim on 8/2/02 and on 6/3/02 the defendant, now respondent filed a notice of preliminary objection on the following grounds:
"1. That this Honourable Court lacks the jurisdiction to entertain the suit.
2. That the defendant in this suit is not a juristic person and as such unknown to law.
3. That there are no proper parties before this Honourable Court."
After series o…