The claim of the plaintiff/respondent against the appellants before the Area Court in suit No UAC/MN/CVF/107/87 was narrated by his counsel as follows:

"The plaintiff's claim against the defendants jointly and severally is for a perpetual injunction against the defendants or their agents or privies from interfering with Budu Marshy Land lying situate near Jibo village in Gbako Local Government which said Marshy Land had been declared by the judgment of both the Area Court Doko sitting as a court of first instance and the High Court of Justice sitting in its appellate jurisdiction to belong to the plaintiff which said Marshy Land the defendants knew or had reason to know that they had interest in it yet they gave evidence in favour of Dan Darman Bida. Plaintiff further claims the sum of N5000.00 from the defendants jointly and severally for trespass committed on the said Budu Marshy Land.

Both parties presented their cases before the court. The Upper Area Court in its judgment dismissed the claims of the plaintiff. The plaintiff appealed to the Minna High Court. Upon the hearing of the appeal, the court in its appellate jurisdiction allowed the appeal of the plaintiff and quashed the decision of the Upper Area Court. The High Court remitted the case back to Doko Area Court to hear and determine the application for an order of injunction and make appropriate orders as to the claims for damages.

It is against this decision that the defendants have appealed to the court of Appeal.