T. O. ELIAS, C.J.N. (Delivering the Leading Judgment): In Suit No. A/31/65 Ekeroche, J., gave judgment in the High Court, Asaba, against the plaintiff (herein appellant) in the action which she had brought against Obi Onyebashi and four others as defendants (herein respondents) for damages for trespass and for an interim injunction to restrain the defendants, their servants or agents from further erecting a concrete building on a piece or parcel of land, Umuaga Asaba, situate along Benin/ Asaba Road.
The plaintiff is the daughter of one Madam Anuchi Obi-Odilli (deceased) who was a daughter of the Umudasian for family of Asaba who were the defendants in the court below, the 1st to the 5th defendants representing the family in the suit. The relevant paragraphs of her Statement of Claim aver as follows:
"1. Plaintiff is one of the successors to the estate of late Madam Anuchi Obi-Odilli who died intestate in 1962 possessed a piece or parcel of land in dispute situate at Nnebisi Road at A…