IMOEDEMHE J. (Deliv e ring the Ruling): The plaintiffs herein commenced this suit by writ of summons dated 4/2/2002 wherein they claimed against the defendants as follows:
“1. A declaration that the 1st defendant does not have any right to deal in any manner whatsoever with the landed property lying and situate at No. 2, Abehe Street, Ogbe Quarters, Benin
E City, without the consent and or approval of the plaintiffs. 3. A declaration that the sale of all that property lying and situate at No. 2, Abehe Street, Ogbe Quarters, Benin City by the 1st defendant to the 2nd defendant is illegal, null and void. An order of perpetual injunction restraining the defendants, whether acting by themselves or through their agents, privies or servants, from further trespassing into the said premises and doing anything therein, including construction, development and or tampering with the existing structures and buildings thereon.
N50 million damages for acts of trespass.”
The writ was issued by E. M. Er…