ESE UYOKPEYI & ORS V. CHIEF JOSEPH UKUEKU J.P

PHILOMENA MBUA EKPE, J.C.A.(Delivering the Leading Judgment): This appeal is against the ruling of the High Court of Delta State sitting at ISIOKOLO delivered on the 2nd day of June 2008. The Respondent who was the plaintiff at the Lower Court came by way of a motion on notice filed on the 26th day of March, 2008 seeking an order of interlocutory injunction as follows:

An order of interlocutory injunction restraining the Defendants/Respondents, their servant, agents, workmen and/or privies from further trespassing or doing anything on the land in dispute in this suit pending the hearing and determination of the substantive suit.

In his affidavit in support of the motion he alleged that the Plaintiff/Appellant destroyed his economic trees on the land in dispute. The Appellant on the other hand alleged in their counter affidavit that the said economic trees were actually cut down by the Respondent who invaded the appellants Oku family land.

The Appellants also deposed to the fact that the …