RHODES-VIVOUR, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of Hon. Justice O. Oyewo of the High Court of Justice, Suleja, Niger State delivered on the 17th of October 2000.
The facts which led to the present proceedings are as follows:
The plaintiff/respondent sued the defendants/appellants on a writ of summons taken out on 9/10/98 claiming:
1. "A declaration that the 3rd defendant in a consolidated suit No: KDH/KAD/314/91 is claiming just money and not the plaintiff's property and that at the end of that suit (and any appeal thereof) even if the Judgment is entered in favour of the 3rd defendant plaintiff will be ordered to pay money.
2. A declaration that until the suit between the 3rd defendant and the plaintiff which is now pending before the Court of Appeal, Abuja Division is conclusively determined the issue whether the property of the plaintiff can be auctioned cannot arise.
3. N3 Million against the defendants for trespass.
4. An order of …