MR. MATHIAS ALAGWUONYE & ORS V. MOSES MBADIEGWU & ANOR

MISITURA OMODERE BOLAJI-YUSUFF, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the judgment of the High Court of justice, Anambra State delivered in consolidated suits nos. HIH/19/98 and HIH/25/98 on 17/1/2013. The appellants herein as plaintiff in suit no. HIH/19/98 claimed the following reliefs against the respondents as the defendants:

(i) "A declaration that the plaintiffs are the persons entitled to, and are holders of the statutory right of occupancy of the said "Ukwantupu" land verged blue in Plan no. GIKS/AND01/99 filed with this statement of claim.

(ii) A perpetual injunction restraining the defendants, by themselves, their servants, agents, Privies and collaborators and successors in title from further trespassory acts on the said "Ukwantupu" land and from doing acts or asserting rights or claims in or over the said land inconsistent with those of the plaintiffs.

(iii)(a) N5,000.00 (Five Thousand Naira) General Damages for trespass.

(b) N300,000.00 (Three Hu…