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KAWU, J.S.C. (Delivering The Leading Judgment): The proceedings leading to this interlocutory appeal originated in the Onitsha Judicial Division of the High Court of Anambra State. In that court the appellants herein, as plaintiffs instituted an action in Suit No.0/110/80 against the first set of respondents only claiming as follows:-
"(1) Declaration that the plaintiffs are entitled to a statutory right of occupancy to all that land known and called Ani Nwaokwe.
(2) N40,000.00 general damages.
(3) Perpetual Injunction etc."
Pleadings were ordered and exchanged. However, as can be gathered from the record of the trial court, on 30th July, ]984, the appellants filed an ex parte motion under Ord.54 1.2 High Court Rules before Justice F.O. Nwokedi (retired) praying the court:
".....for an order granting (them) leave to seek and use police protection in pursuit of its rights of quiet possession over that piece or parcel of land known as and called" Ani Nwokwo" which is contained in the …