T.O. AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the judgment in respect of the final appeal by the appellants against the judgment of the Rivers state High court Port Harcourt, Division delivered on 16/12/2008.
The claimant had instituted on action at the court below claiming as follows:
"8. WHEREFORE THE PLAINTIFF claims against the defendant as follows:
i) Immediate Vacant possession of the four (4) rooms and appurtenances situate at No. 4 New Market Road, Port Harcourt now detained by the defendant.
ii) PERPETUAL INJUNCTION to restrain the defendant either by himself or through his agents servants or privies from continuing to occupy, interfere with plaintiff right over No. 4 New Market Road, Port Harcourt.
iii) The sum of N72,000.00 (Seventy Two Thousand Naira) only as damages for the use and occupation of four (4) rooms and appurtenances at No. 4 New Market Road, Port Harcourt from 1st December, 1994 to 31st August, 1996.
iv) The sum of N4,000.00 (Four Thousand Na…