OYEBISI F. OMOLEYE, J.C.A. (Delivering the Leading Judgment) This is an appeal against the ruling of the High Court of Edo State holden at Benin City delivered on 1st of November, 2006 per P.I. Imoedemhe J.
At the lower Court, the Respondents herein were plaintiffs and they claimed against the Appellants as defendants, a declaration that they, the Respondents were owners of a certain parcel of land in Ugiokhuen village in Oredo Local Government of Edo State. The Respondents further sought an order of perpetual injunction and damages for trespass against the Appellants.
By the order of the lower Court, pleadings were filed and exchanged by parties. The 1st Amended Statement of Claim and the Defendants' Joint Statement of Defence are contained in pages 8 to 13 and 19 to 22 respectively. However, prior to the commencement of trial, the Appellants by a motion on notice dated and filed on 20th March, 2006, sought the order of the lower Court for determination of the points of law raised i…