CHUKWUDOZIE ANYABUNSI V. EMMANUEL UGWUNZE

IGUH, J.S.C. (Delivering the Leading Judgment): In the High Court of the former Anambra State of Nigeria, the plaintiff, who is now the respondent, for himself and on behalf of members of the Umungali family of Isu Village, Oba instituted an action against the appellant, who therein was the defendant, claiming, as subsequently amended, as follows -

1. N200.00 being general damages for trespass on the plaintiff's piece or parcel of land known as Ana Okpuno Umungali situate at Isu Village, Oba in the Idemili Local Government Area of Anambra State and

2. Perpetual injunction restraining the defendant, his servants, agents and/or privies from any further acts of trespass upon the plaintiff's said land.

Pleadings were ordered in the suit and were duly settled, filed and exchanged.

At the subsequent trial, both parties testified on their own behalf and called witnesses.

The respondent's case is that the land in dispute shown verged pink in Plan No. MEC/206/77, Exhibit A, is situate right …