OLAGUNJU, JCA (Delivering the Lead Judgment): The interlocutory appeal is from the ruling of Emekwue, J., of the Onitsha Judicial Division of the Anambra State High Court who deferred until the trial of the action would have begun the hearing of the preliminary objection taken by the defendant, the appellant herein, to his jurisdiction to entertain the suit filed by the plaintiffs, the 1st - 4th respondents herein.
In the action against which preliminary objection was taken, the four plaintiffs, as representatives of occupiers of the Niger Bridge Housing Estate, Onitsha, which is under the control and management of the defendant, sued the defendant seeking declaratory reliefs that the purported plotting out or alienation of the Recreation Ground which is appurtenant to the Estate being occupied by the plaintiffs is ultra vires and unlawful and that the plaintiffs are entitled to continue to enjoy the use of the Recreation Grounds and seeking for N1,000,000 damages and perpetual injun…