BA’ABA, JCA(Delivering the Lead Judgment): This is an appeal against the judgment of the Delta State High Court, sitting at Effurun Judicial Division, delivered on 22/1/97. The respondents as the plaintiffs instituted an action in suit No. E/232/94, at the trial court, against the appellants who were the defendants and claimed as follows:-
“1. A declaration that the plaintiffs are the bona fide purchasers, for value of all the disused and unserviceable scrap properties, vehicles and equipment lying and being at the defendants’ premises behind Ogheneovo Estate, Off P.T.I. Road, Effurun. These properties are:-
One scrap Mitshibishi Electric Generator set yellow in colour.
Two scrap Mitshibishi Tipper lorries without gear box injector pump and 4 tyres.
A scrap Isuzu Tipper lorry with neither an injector pump nor an air compressor. 7 bus seats meant for vehicle No. BD 6550 HA.
(e) One scrap crane with Deutche engine.
One scrap boom or crane handle that has two piece.
One scrap gear box for an …