EJIWUNMI, J.C.A. (Delivering the Leading Judgment): This appeal is against the refusal of the lower Court to make an order of interlocutory order of injunction in their favour. Before the Onitsha High Court within the Onitsha Division of the Anambra State High Court, the plaintiffs commenced this action in Suit No. 0/172/85 against the defendant. The plaintiffs by their writ of Summons are claiming declaratory reliefs for the Customary Right of Occupancy in respect of Mmaju land lying, situate and being at Ogidi Ana Etiti Ogidi, N1,000,000 (One million Naira) being general damages for trespass, perpetual injunction.
The plaintiffs thereafter filed a motion on notice dated 23rd March, 1995 for an interlocutory order of injunction restraining the defendant/respondent, his servants, agents, privies and workers from further committing acts of trespass on their land described above in Suit No. 0/172/95. But before that motion could be heard the plaintiffs moved the court by an exparte moti…