JOHN C. ANYADUBA & ANOR. V. NIGERIAN RENOWNED TRADING COMPANY LTD

U. OMO, J.S.C. (Delivering the Leading Judgment): The appellants, on record, as plaintiffs, instituted an action in the High Court of Anambra State (Onitsha Division) in 1978 claiming:-

(i) A declaration of title to the said land on the junction between Nottidge Street, Onitsha and New Market Road, Onitsha, otherwise known as No. 11 New Market Road, Onitsha.

(ii) A declaration that the receipt dated 28th day of March, 1932 was not an instrument and did not transfer title in the land to late Madam Christiana Ibiola, and therefore no legal title to her executors, administrators, legal representatives or assigns or to any person claiming through her to the Defendant.

(iii) N200,000 damages for trespass.

(iv) An Order of Injunction restraining the Defendant, its servants or agents or any other person claiming through it from further trespassing unto the said land."

From their pleadings and evidence, the plaintiffs, both of whom were legal practitioners, are the children of late Benjami…