ELDER CLEMENT OBISIKE & ANOR V. MR. CHIMA HANOTU & ORS

CORDELIA IFEOMA JOMBO-OFO, J.C.A. (Delivering the Leading judgment): This is an appeal against the ruling/decision of the High Court of Rivers State (hereinafter to be known as the trial/lower Court), coram Hon. Justice J. M. Kobani, J., delivered 2nd February, 2009.

STATEMENT OF FACTS

The appellants who at the lower Court were the claimants had by their writ of summons issued 19th December, 2003 commenced this suit claiming the following 2 reliefs:

1. N50,000,000 damages for trespass in that on or about 2002 the defendants without any colour of right whatsoever or the authority, leave or license of the claimants entered the Ohia Oboi farmland of the claimants, cleared the same preparatory for building thereby altering the character and user of the portion of land.

2. A perpetual injunction against the defendants from committing further trespass on the said portion of Ohia Oboi of the claimants. (See page 2 of the record of appeal).

The 1st set of defendants who are herein the 1st set of r…