Respondents (plaintiffs) sued for a declaration that they are entitled to just, fair and adequate compensation for any interference with the violation of their possessory surface rights over a parcel of Land at Ukpe-Sobo; and an order of perpetual injunction restraining the appellant their servants, agents and privies from using force, strong arm and or multimedia to enter into the said 87 acres of land or thereabout carved out of the Ukpe-Sobo Native Administration Reserves vested in the respondents.

Appellants filed a notice of preliminary objection stating that the court has no jurisdiction to hear and determine the case. The trial court dismissed the objection and assumed jurisdiction. The appellant, being dissatisfied with the ruling appealed.