M. E. OGUNDARE, J.S.C (Delivering the leading judgment): The plaintiff who is respondent in this appeal, had sued the defendants, now appellants, in the Warri Judicial Division of the former Bendel State, claiming N200,000 general damages for trespass, nuisance and injunction. Pleadings were ordered, filed and exchanged. Evidence was led at the trial by both sides. In the course of the evidence of the 3rd defence witness, objection was taken by learned counsel for the plaintiff to the line of evidence. After learned counsel for the parties had addressed the court on the objection, the learned trial judge in a ruling upheld the objection and expunged the evidence of the witness from the record. Thereupon learned counsel for the defendants applied for an adjournment. The application on being opposed by counsel for the plaintiff, was refused by the learned trial judge who directed that "the defendants should go on with their case". I quote below what followed next:
"Mr. Scott-Emuakpor: …