LOIS ADIKE V. PATRICIA OBIARERI

OLAGUNJU, JCA (Delivering the Lead Judgment): The action on appeal was filed at Onitsha Judicial Division of the Anambra State High Court by the plaintiff/respondent against the defendant/appellant but on the creation of Idemili Judicial Division it was transferred to the new judicial division where it was heard. In the action the plaintiff/respondent asked for the following reliefs:

“(a) Declaration that the plaintiff is the holder of a customary certificate of occupancy registered as No. 89 at page 89 in volume 1339 of the Lands Registry in the office at Enugu (now Awka) over and concerning the land in dispute and is entitled to be granted statutory certificate of occupancy.

N350,000.00 (three hundred and fifty thousand naira) damages for trespass.

Perpetual injunction restraining the defendant by herself, her servants, agents, privies or workmen from further entering into the said land or in any manner whatsoever interfering with the plaintiff’s possessory rights over same.”

The part…