STANLEY SHENKO ALAGOA J.C.A (Delivered the Leading Judgment): At the High Court of Justice Kwale in the Kwale Judicial Division of Delta State of Nigeria the 1st, 2nd and 3rd Respondents as Plaintiffs took out a writ of summons against the 1st, 2nd and 3rd Appellants and the 4th Respondents as Defendants jointly and/or severally for the following reliefs which are also contained in paragraph 29 of their statement of claim dated the 15th day of January 1988-
1. A Declaration that the 1st to 3rd Defendants consistently violate the fundamental terms of the consent Judgment in the consolidated Suit Nos. UHC/43/71, UHC/50/71 and UHC/70/71.
2. A Declaration that the 1st to 3rd Defendants while consistently obtaining benefits under the consent judgment in the consolidated Suits UHC/70/71 have refused declined and/or neglected to perform their legal obligations to Plaintiffs in relation to the burdens therein contained.
3. A Declaration that the 1st to 3rd Defendants did not ever intend to pe…