MOJEED A. OWOADE, J.C.A (Delivering the Leading Judgment): This is an appeal against the decision of P.O. Nnadi, J. sitting at High Court, Owerri in the Owerri Judicial Division of the High Court of Imo State delivered on 3rd day of March, 2007.
The Appellants as Plaintiffs took out a Writ of Summons against the Respondent on 6/11/2003. This was followed by a statement of claim dated 12/3/2003 but filed on 16/12/2003. Paragraph 23 of the Appellants statement of claim prayed for the following reliefs.
(a) Declaration that the forceful acquisition of the plaintiff's sheds/market stalls in the Owerri Main Market, and ejection of the plaintiffs therefrom by the Defendant is unconstitutional, illegal wrongful and void.
(b) N110, 000.0000.00 General Damages for the said unlawful ejection and continuing loss of revenue.
(c) Mandatory injunction directing the Defendant to restore the displaced Plaintiffs to their said sheds in the Owerri Main Market OR ALTERNATIVELY allocate alternative equiv…