MASSOUD ABDULRAHMAN OREDOLA, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Imo State sitting at Orlu (hereinafter referred to as the lower Court), delivered on the 22nd day of May, 2014 by Hon. Justice B. A. Njemanze, C. J.
The plaintiff/respondent (hereinafter referred to as the respondent) brought this action against the defendant/appellant (hereinafter referred to as the appellant) seeking in the main for a declaration that he, the respondent has a better title and thus entitled to the possession of a piece or parcel of land referred to and called AlaUkabi; a perpetual injunction restraining the appellant from further trespass on the land, and damages for trespass in the sum of N5 Million. The respondent in a bid to establish his claim called three witnesses and tendered five exhibits (Exhibits A E). The appellant on the other hand, called a single witness in addition to himself and tendered a single exhibit (Exhibit F). At the …