NWOSU-IHEME, J.C.A. (Delivering the Leading Ruling): The present application flows from the judgment of the High Court of Warri Division presided over by Uwaifo J (as he then was) in which he gave judgment on the 11th of May 1987 against the applicants in a claim for declaration of title, damages for trespass and injunction brought against them by the respondents. Dissatisfied with the judgment of the trial court, the applicants as defendants in the lower court appealed to this court which court set aside the judgment of the trial court and set the case back for retrial before another Judge.
The respondents not pleased with the judgment of this court, appealed to the Supreme Court which on the 18th day of February 2005 allowed the appeal, set aside the judgment of the Court of Appeal and in its place struck out the appeal brought before this court by the applicants as appellants. The effect of the judgment of the Supreme Court was that there was no appeal before this court.
From 18th Fe…