WALTER SAMUEL NKANU ONNOGHEN, JSC (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal Holden at Benin City in appeal No. CA/B/212/99 delivered on the 27th day of June, 2005 dismissing the appeal of the appellants against the decision of the Delta State High Holden Court at OGHARA delivered on the 20th day of August, 1998.
The facts of the case include the following:
Appellants herein were plaintiffs at the High Court of Delta State who instituted suit No HCH/44/94 against the respondents as defendants in which they claimed the following reliefs as contained in their Further Amended Statement of Claim to be found at pages 114 - 119 of the record to wit:
"(a) A declaration that as leaseholders in respect of the Asaboro Rubber Estate in Oghara, Plaintiffs are persons entitled to be paid fair and adequate compensation for Defendants entry on the land and damages caused therein.
(b) A declaration that the Defendants in entering the Asaboro Rubber Es…