REUBEN ANUMENE V. SUNDAY EFERE EGWU & ANOR

MOORE ASEIMO ABRAHAM ADUMEIN, J.C.A. (Delivering the Leading Judgment): The respondents to this appeal were the claimants in Suit No. HCY/33/2003 instituted in the High Court of Delta State, Owa-Oyibu Judicial Division, holden at Owa-Oyibu. The appellant and one SUNDAY were the defendants in the said suit. In their further amended statement of claim, the respondents claimed for a declaration that the 1st claimant is entitled to the statutory right of occupancy to all that piece of land lying and situate at No. 8 Word of Faith Street, Boji-Boji Owa, at the junction of Word of Faith/Eluebo Street, Boji-Boji Owa. They also claimed for N1,000,000.00 as special and general damages for trespass; and perpetual injunction restraining the defendants their agents, privies, servants from further committing act of trespass on the land in dispute. The appellant, as the 1st defendant in the lower Court, counterclaimed in his 2nd further amended statement of defence and counterclaim the following re…