AKINTAN, J.C.A. (Delivering the Leading Judgment): This is an appeal from an interlocutory ruling delivered by Ehiwario, J. on 30th October, 1996 sitting at Isiokolo High Court, Delta State in Suit No. HC1/16/96. The plaintiffs, now appellants, had by a writ filed on 15th July, 1996 instituted the action against the defendants, now respondents, in which their claim reads as follows:
"1. The sum of ₦2,000,000.00 (Two million naira) being damages suffered by the plaintiffs when the defendants trespassed on the plaintiffs' land/rubber plantation situate at Okudioka bush in Oviorie-Ovu in Ethiope East Local Government Area of Delta State a place within the jurisdiction of this Honourable Court.
2. An order directing the defendants to refund the amount they have collected and/or gained from tapping the rubber plantation of the plaintiffs.
3. An order of interim injunction restraining the defendants, their agents, privies and/or anybody whatsoever acting on their behalf from doing anything…