MADAM ALICE CHIATOGU AMADI V. CHARLES ORISAKWE & ORS.

AKINTAN, J.S.C. (Delivering the Leading Judgment): The dispute that led to this appeal arose over a piece of land situated at 27 Mbaise Road, Owerri in Imo State. The original plaintiff in the case was Lawrence A. Amadi, who died while the trial was on at the High Court but after he had given his evidence before the trial court.

The present appellant, Madam Alice Chiatogy Amadi; was the wife of the original plaintiff who was substituted for her husband upon the man's death. The case was instituted at the High Court of Imo State, holding at Owerri, as suit No.HOW/26/71 and the present respondents were the defendants. The plaintiff's claim against the defendants, jointly severally, as set out in paragraph 16 of the statement of claim, is as follows: "(a) Declaration of title to that piece of land situate at No. 27 Mbaise Road, Owerri in the Owerri, Judicial Division as shown in the plan No. MEC/9/91;

(b) One hundred pounds being damages for trespass to the said land; and

(c) Perpetual …