TIJJANI ABDULLAHI J. C. A. (Delivering the leading judgment): This is an appeal against the ruling of the High court of Justice sitting at Port Harcourt Judicial division, Coram Alex W. Jumbo delivered on the 27th of September, 2OO4, wherein the order to quash the decision of the Obio Magistrate court was granted. The learned trial judge held inter alia thus:
"In view of the foregoing, this application succeeds and I order as follows:
1. The proceedings, rulings and or orders of the Obio Magistrate Court, Rumuogba, Port Harcourt, presided over and delivered by senior Magistrate J.M.J. Elenwo Esq. on 3rd November, 2003 in suit No. MCR/2R/2003 Chief Kenneth C. Ariolu v. Godwill Ariolu and MCR/3R/2003 Chief Kenneth C. Ariolu V. Evelyn Aginwa are hereby qashed.
2. The 1st Respondent is hereby restrained either by himself, agents or privies from harassing or preventing the applicants from peacefully occupying their accommodation at No.1 Ariolu Drive, Oginigba, in Obio/Akpor Local Governmen…