ALEXANDER AMOBI V. PIUS AMOBI & ORS

OGUNDARE, J.S.C. (Delivering the Leading Judgment): By a writ of summons issued in the High Court of the old Anambra State in March 1973 ,the plaintiff(who is now appellant before us) sued the defendants (now respondents) claiming -

"1. N400.00 damages for trespass in that the defendants on or about March 1970 acting in concert unlawfully broke and entered the Plaintiff's piece and parcel of land situate at Mile 6 Onitsha - Enugu Road.

2. Perpetual Injunction to restrain the defendants, their servants agents or privies from further acts of trespass on the said land."

Pleadings were ordered, filed and exchanged and the action proceeded to trial. In his statement of claim (as amended at the trial) the plaintiff had averred, inter alia, as follows:-

"3. The defendants are sons of one Madam Nwado Amobi who was married to the plaintiff's late father- Chief Waller Amobi - Igwe of Ogidi. Nwado begot Onyekeze Amobi - the second defendant for the plaintiffs father. On the plaintiff's father'…