UZOWURU ANUKANTI V. UWANDU EKWONYEASO

IDIGBE, J.S.C (Delivering the Leading Judgment): In the High Court of the former East Central State holden at Owerri (now Imo State) the appellant herein, as plaintiff, sought reliefs, viz, (a) a declaration of title to a parcel of land called "Ala Ubene", (b) an order that the defendant should accept a redemption fee of '2pounds' in respect of Ala Ubene and, (c) an order of injunction restraining the defendant, his servants and agents from entering the said land. The real basis for the appellant's claim to Ala Ubene in respect of which, according to him, his ancestors have from time immemorial not only been in possession, but also exercised various acts of ownership, is that the father of the defendant, the respondent herein, came on the land, Ala Ubene pursuant to a transaction in consequence of which a portion of the said land was given to him by the appellant's father as a pledge (i.e. a security) for a loan of -2pounds. The allegation of a pledge by appellant's father is denied b…