IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Federal High Court, Calabar Judicial Division, delivered on June 28, 2013, in Suit No. FHC/CA/CS/52/2007. By the said judgment, the Court below coram, A.F.A. Ademola, J; granted all the reliefs sought by the 1st Respondent as per the Amended Writ of summons thereof.
BACKGROUND FACTS
On May 31, 2007, the 1st Respondent filed in the Court below a writ of summons along with a 23 paragraphed statement of claim seeking some declaratory and injunctive reliefs against both Appellants. See pages 4 - 11 of the Record of Appeal. By the Amended Writ of Summons and Amended Statement of Claim thereof filed on 27/3/09, the 1st Respondent sought the following reliefs against the Appellants and 2nd Respondent, jointly and severally:
(a) A DECLARATION that the defendants action in encroaching on the plaintiff's mining site covered by Quarrying License No.QLS1380 and carrying on mining activ…