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TABAI, J.C.A. (Delivering the Leading Judgment): On the 18/3/96 at the Ughelli Judicial Division of the High Court of Delta State, this Suit No. UCH/47/96 was filed. In it the Plaintiffs/Respondents claimed four reliefs including:-
(i) A declaration of the Plaintiffs' entitlement to a grant of statutory right of occupancy over a piece of land;
(ii) A claim for N500,000.00 as damages for trespass on the said land,
(iii) A claim for an order of perpetual injunction restraining the defendants/appellants their agents servants etc from further trespassing on the said land; and
(iv) An order compelling the defendants/appellants to give accounts of the proceeds of that part of land which was the subject matter of suit No. UCH/38/73 and SC/88/83.
On the 24/4/96 a motion for interlocutory injunction restraining the defendants/appellants from trespassing on the land pending the determination of the substantive action was filed. And by a ruling delivered on the 13/3/97, the learned trial judge …