SAKA ADEYEMI IBIYEYE, OFR J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal filed on 8th August, 2001 against the ruling of G.C. Akoro J, of the Ughelli Judicial Division of the Delta State High Court of Justice.
It is pertinent to state, albeit, briefly, the facts of the substantive case which judgment led to the instant appeal. Thus, in the writ of summons, the plaintiffs now appellants severally and jointly sought the following reliefs:
"1. The sum of N100, 000.00 (One Hundred Thousand Naira) only being special and general damages suffered by the plaintiffs from wanton trespass perpetuated by the defendants, when in or about March, 1981, the defendants, by themselves, their servants, workmen, agents and/or their privies wrongfully and unlawfully broke and entered a piece or parcel of land in possession of the plaintiffs lying and situate at Aladja in Udu Clan in the then Ethiope Local Government Area now Udu Local Government Area of Delta State and destroyed…