SIMEON OSUJI EKPE, JCA (Delivering the Leading Judgment): This is an appeal from the judgment of Umoren, J. (as he then was) in suit No. HU/30/80, filed at the High Court, Uyo in Akwa Ibom State and delivered on the 20th of January, 1997 at Ikot Ekpene High Court of the same State.
The plaintiffs in a representative capacity had sued the original defendants on record and claimed jointly and severally the following reliefs in the writ of summons:
"(1) ₦50,000.00 (fifty thousand Naira) being special and general damages for trespass.
(2) A perpetual injunction restraining the defendants, their agents and assigns from committing further acts of trespass on the said land belonging to the plaintiffs".
Pleadings were ordered and later filed and exchanged after both parties who were out of time to file the same with their survey plans had obtained from the court below extension of time to do so. In paragraph 25 of the statement of claim, the plaintiffs claimed the following reliefs:
"Wherefor…