BENNETH UDE AGU V. MAXWELL NNADI

AYOOLA, JSC (Delivering the Lead Judgment): On 18th May, 1998, the Court of Appeal, Enugu Division, dismissed the appeal of the appellant, Benneth Ude Agu, from the decision of the High Court of Anambra State which had on 25th June, 1990 dismissed his claim. He now appeals to this court.

The appellant who was the plaintiff in the High Court claimed as follows:-

“(a) A declaration that the plaintiff is entitled to redeem the pledged land verged pink in the plaintiffs plan No. FCO/09/82 and thereon described as the land in dispute.

(b) An order of court that the defendant do accept the sum of twenty five naira (N25.00) being the redemption money in respect of the said land.

(c) A perpetual injunction restraining the defendant and/or his agents or servants or privies from remaining on the said land or remaining in possession of the said land.”

The appellant’s case at the trial by his statement of claim was that the land which is subject-matter of the action was pledged by his grandfather, o…