JAMES GAMBO ABUNDAGA, JCA (Delivering the Leading Judgement): This is an appeal against the judgment of High Court of Delta State in Suit No. W/30/82 delivered on 1st July, 2015 by Hon. Justice F.O Ohwo.
The judgment was predicated in the Suit filed by the Respondents whereof by their 10th amended statement of claim they claimed as follows:
(1) The sum of N10,000,000.00 (Ten Million Naira) being damages for trespass in favour of claimants in that between the months of December, 1981 and February, 1982 the defendants broke and entered the piece or parcel of land aforesaid without the consent and authority of the plaintiffs.
(2)An order of perpetual injunction restraining the defendants, their agents, servants and/or workmen and privies from further trespassing on claimants piece or parcel of land aforesaid shown in survey plan No. ITA/DT/90/2004.
(3) Other suitable reliefs.
The claims were claimed in its entirety.
Accordingly, the case went to trial which culminated in the judgment which was…