DAVID ADEDOYIN ADENIJI, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of H. George, J. of High Court No.2 of Rivers State, sitting at Port Harcourt, delivered on the 2nd day of November, 1993. The appeal arose out of a claim filed by the plaintiffs/respondents for declaration that the Deed between the 1st defendant/appellant and the 2nd defendant be set aside, N10,000.00 for general damages for trespass and an injunction to restrain the defendants, their agents, servants and assigns from further interference with the interest of the beneficiaries of the said 91, Ikwerre Road, Port Harcourt. Pleadings were filed and exchanged.
The plaintiffs/respondents filed a statement of claim and a further amended statement of claim contained on pages 104-108 of the record, while the defendants/appellants filed their statement of defence as well as an amended reply as shown on pages 101-103 of the record. Issues having been joined, the case went into full trial and a…