IBIYEYE JCA (Delivering the Lead Judgment): This is an appealagainst the order for interlocutory injunctionrestraining the defendants (now appellants) from trespassing into or interferingwith the land in dispute made by Iragunima, J. of the Port Harcourt Division of the Rivers State High Court of Justice on the 11th of December, 2002.
The antecedents of the ruling appealed against arose from a writ of summons filed by the plaintiffs (now respondents). The reliefs sought by the plaintiffs as per paragraph 39 of the statement of claim are:
“(1) A declaration that Owoi family and Iwori family are two separate and distinct families in Abuloma. A declaration that any or all agreements or documents signed by any or all the members of Owoi family on behalf of Iwori family are null and void.
Perpetual injunction restraining the defendants from trespassinginto any or all lands or properties belonging to the Iwori family especially the part of the Iwori family land situate at Ozuamu in Abuloma.
N…