GUMEL, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Delta State High Court, Asaba, delivered on the 27th October, 2000 in favour of the plaintiff/1st respondent/cross-appellant against the 1st and 2nd defendants/appellants, and the 2nd respondent. In the said judgment, the trial court granted the 2 declarations sought by the plaintiff/respondent and also awarded the sum of N4, 500,000 (four million, five hundred thousand naira) as general damages for trespass and an order of perpetual injunction against the 1st and 2nd defendants/appellants and the 2nd respondent. The 1st and 2nd defendants/appellants were dissatisfied with this decision and they each filed their respective notices and grounds of appeal. The plaintiff/1st respondent cross-appealed on the refusal of the learned trial Judge to make an award of special damages.
By a writ of summons filed on 25th September, 1997, the plaintiff/respondent claimed before the High Court of Delta State a…