OPUFAA SMITHERS BRIGGS V. ABIGAIL EVERETT WILLIAM BRIGGS

B. O. BABALAKIN, JSC (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Enugu Division dated the 22nd day of July, 1986 dismissing the defendant/appellant's appeal against the judgment of Port Harcourt High Court delivered on 12th of December, 1974.

The facts and background of the case are that the Respondent as Plaintiff in the Port Harcourt High Court took action against the appellant as defendant for the following reliefs:

"(i) 3500 damages for trespass committed by the Defendant on the Plaintiff's land which was the subject matter in the Kalabari Native Court Civil Suit No. 108/1961, Degema Magistrate's Court Appeal Suit No. D/7, A/61 and in the Port Harcourt High Court Appeal Suit No. P/9.N1964.

(ii) A perpetual injunction restraining the Defendant, his agents and or servants from committing any further trespass on the said land."

In the Port Harcourt High Court pleadings were ordered, filed and exchanged. After reviewing the eviden…