EMMANUELAKHIGBE V. SAMUEL SHENOGHOR (FOR HIMSELF AND ON BEHALF OF EMEDUO FAMILY OF EKPAN) STEPHEN DEYO AJOGHAMU (SUBSTITUTED BY ORDER OF COURT) (DATED 29/9/98) (FOR HIMSELF AND ON BEHALF OF AKPOSIO FAMILY OF EFFURUN)

MUNTAKA-COOMASSIE, JCA (Delivering the Lead Judgment): This is an appeal from the decision of the trial court (Emeordi J.) Effurun Judicial Division of Delta State delivered on 23rd day of January, 1995.

The back ground facts:-

By writ of summons dated 13/5/94, the plaintiffs claimed against the defendant, Emmanuel Akhigbe for the following reliefs:-

(a) Declaration that only an acre of land was leased to the defendant as per receipt dated 25th March, 1978 made between the plaintiffs and the defendant in lieu of 1.514 hectares (a little over 31/2 acres) which the defendant now claims to have been leased to him having regard to the fact that the defendant fraudulently caused the said 1.514 hectares to be inserted in the receipt.

Order that the defendant do confine himself to one acre of land actually leased to him.

Permanent injunction restraining the defendant from entering or using the extra 21/2 acres which was not leased to him.

When the defendant received service of the writ of summ…