PETER OLABISI IGE, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of ABIA STATE HIGH COURT contained in the judgment of Honourable Justice A. U. Kalu delivered on 21st day December, 2007.
The appellant as Plaintiff had on 20-10-1999 approached the High Court of Abia State, Umuahia Judicial Division for the issuance of writ of summons against the Defendants now Respondents and same was issued on 20th day of October, 1999. Pleadings were duly exchanged but the Appellant amended the particulars of her claim as well as her statement of claims. By paragraph 38 of the amended Statement of claim the Appellant claimed against the Respondents as follows:-
"(i) A declaration of the Honourable court that the Plaintiff is the person entitled to the grant of a certificate of statutory right of occupancy over the property known as plot 10 in block 9 of former Umuahia Ibeku otherwise called No.3 Abiriba Street, Umuahia by virtue of a DEED OF assignment dated 14th Decem…