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OBASEKI, JSC: (Delivering the Leading Judgment): This is an interlocutory appeal. The Plaintiffs/appellants instituted an action against the respondents in the Benue State High Court of Justice at Makurdi claiming:
(1) a declaration that the entry of the land and buildings of the Obeya Memorial Specialist Hospital Oturkpo Town in Oturkpo Local Government Area by Army and Airforce personnel as well as by officers and servants of the Government of Benue State was unlawful and amounts to trespass;
(2) a declaration that the Government of Benue State has no right to take or retain possession of the said land and buildings from the plaintiff save in accordance with due process of law;
(3) an order for inquiry into damages suffered by the plaintiff as a result of the unlawful entry of the said land and buildings (a) by Nigerian Army and (b) Nigerian Air force personnel;
(4) an order for inquiry into damages suffered by the plaintiff as a result of the trespass committed by the Benue State…