SIDI DAUDA BAGE, J.C.A (Delivering the Leading Judgment): This is an appeal against the Ruling of Hon. Justice A. Edodo-Eruaga, sitting at the High Court of Edo State, at Igarra Judicial Division delivered on 8th day of February, 2006 in which the Appellants were the Defendants. The Notice of Appeal filed by the Appellants to initiate this action is dated the 21st of February, 2006 and contains two (2) Grounds of Appeal.
The background facts in this action are as follows:
1.1. By a statement of claim dated 26th dry of September, 2005 the Plaintiff in Suit Number HIG/7/2005 claimed two reliefs against the Defendants, namely Trespass and injunction in respect of a piece or parcel of land meant for quarry, lying, situate and being at Sasaro Village in Edo State.
1.2. The Defendants filed a preliminary objection challenging the jurisdiction of the High Court of Justice Igarra to entertain the suit based on section 251 (n) of the 1999 constitution of the Federal Republic of Nigeria.
1.3. T…