HYACINTH ANYANWU V. ROBERT ACHILIKE MBARA & JAMES OSUJI

P. NNAEMEKA-AGU, J.S.C. (Delivering the Leading Judgment): This is a further appeal by the defendant, Hyacinth Anyanwu, against the judgment of the Court of Appeal, Enugu Division which had on the 21st April, 1988, dismissed his appeal against the judgment of Nwogu, J., sitting in an Owerri High Court.

One James Kamalu Mbara had, in a suit commenced by a writ of summons, sued Nwogu Anyanwu for the following reliefs:-

"(a) Declaration of title to the parcel and piece of land known as and called "NWAOKPU" situate at Libie Umunahu, Uratta in Owerri Judicial Division with annual value of 10 pound.

(b) 200 pound damages for trespass unto the said land.

(c) An injunction permanently to restrain the defendant, his servants, agents, and or workmen from further interference upon the said land."

The appellant was later substituted for the defendant and the respondents for the plaintiff, the original parties having died. The learned trial Judge in his judgment held that although the claim befor…