ALI ABUBAKAR BABANDI GUMEL, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Delta State High Court, Warri Judicial Division in Suit No. W/254/2002. In an amended Statement of Claim dated 16th September, 2002, the Appellants, as Plaintiffs sought for the following reliefs against the respondent, as the defendant. They are: -
"1. A DECLARATION that the premises known as No. 52 Okoro Street, Off 1st Marine Gate, Warri, is and should remain the property of The Christ Faith Mission, Warri. And that the church is entitled to a declaration of statutory right of occupancy over the aforesaid land and the improvements thereon.
2. AN ORDER OF perpetual injunction restraining the Defendant, his servants, privies and/or agents from continuing his trespass and/or further trespassing into 1st Plaintiff's Church premises situate at No. 52, Okoro Street, Off 1st Marine Gate, Warri.
3. AN ORDER of perpetual injunction restraining of Defendant his servants, privi…