ONYEKACHI A. OTISI, J.C.A.: (Delivering The Leading Judgment): This is an appeal against the Ruling of the High Court of Cross River State sitting at Calabar, delivered on 5th April, 2011.
The 1st - 3rd Respondents, as plaintiffs, commenced suit No.HC/134/2009 by way of writ of summons. Their statement of claim and statements on oath of witnesses were filed alongside on 15/4/2001. The 1st - 3rd Respondents also filed a motion for interlocutory injunction on 17/4/2009. The 1st - 3rd Respondents in their statement of claim of page 6 of the Record of Appeal had sought the following reliefs:
14. Wherefore the Claimants claim against the Defendants jointly and severally as follows:
1. N5,000,000.00 as general damages for trespass.
2. An order of perpetual injunction restraining the defendants, their agent and privies from further trespassing, building, removing of latrite (sic), on the land subject of a lease made in favour of the Claimants' late father, situate at Esuk Ekpo, Eyo, Akpabuyo…