This is an appeal against the judgment of Court of Appeal (hereinafter referred to as "The Lower Court) delivered on 19th day of December 2003. The facts of the case as could cleaned from the record are summarised as follows: The appellants herein, as plaintiffs, instituted an action at the High Court of Delta State, Asaba Judicial Division in the year 2000. At the time, Delta state High Court was applying Bendel State High Court (Civil Procedure) Rules of 1988 and the suit filed at the Asaba Judicial Division of Delta State High Court ("the Trial Court" for short) was given No.A/170/2000. In the said suit the Plaintiffs/Appellants claimed the following declaratory and injunctive reliefs against the defendants who are respondents herein.

The reliefs sought are:

At the same time, while filing the suit, the plaintiffs/appellants followed it up with a motion on notice seeking interlocutory injunction, dated 7th December, 2000 but filed on 8th day of December, 2000. In the said motion the plaintiffs/appellants, now appellants, sought one relief as reproduced below:

"Interlocutory injunction restraining the Defendants/Respondents, whether by themselves, their servants and/of Agents from entering, tampering and/or dealing with the Obi Okonya family Land situate at Umuekwo Village, Umuaji Quarters, Asaba pending the final determination of this action.

The motion for interlocutory injunction was supported by an eight paragraph supporting affidavit. Upon being served with the motion for Interlocutory injunction which was also accompanied by writ of summons, albeit, without Statement of claim, the defendants (now respondents) filed a counter affidavit.

The trial Court took arguments of both parties on the application and afterwards delivered its ruling granting the relief sought in the motion for Interlocutory injunction.

Aggrieved by the decision of the trial Court granting the application of the plaintiffs, the defendants (now respondents) appealed to the Court of Appeal, Benin Division (the Lower Court). At the Lower Court, parties filed and exchanged their briefs of argument in keeping with the rules and practice in that Court. The Lower Court heard the appeal and later delivered its considered judgment on 19th November 2003, wherein, it set aside the decision of the trial Court.

Naturally the appellant herein, became dissatisfied with the decision of the Lower Court, hence they jointly appealed to this Court against the decision of the Lower Court