MOHAMMED LADAN TSAMIYA, J.C.A. (Delivering the Leading Judgment): The action that culminated in this appeal was commenced by the plaintiffs (for themselves and on behalf of the members of Agulu-Awka Village, Awka) when they took out a writ of summons, against the defendant on 18th December 2002 claiming for General damages for trespass and injunction. Following the order of the trial court, the parties duly filed and exchanged their pleadings. The plaintiffs filed their statement of Claim which was later amended while the respondent filed with the leave of the trial. Court her statement of Defence out of time. The case was subsequently heard on the issues as joined by the parties in their pleadings.
The plaintiffs by their amended statement of Claim filed on 17/5/2005 pleaded thus (at pages 7-10 of the printed Record:)
1. The Plaintiffs are members of Agulu Awka Village, Awka in Awka South Local Government Area of Anarnbra State and bring this action for themselves and on behalf of me…