<p><strong> MIKA’ILU JCA (Delivering the Lead Judgment): </strong> The appellant was the plaintiff in suit No.HN/25/88 and defendant in suit No. HN/17/89. Both suits were consolidated, heard and determinedby the High Court ofAnambra</p><p>State, Nnewi Judicial Division by its judgment delivered on 17th September,1998. Thus, by paragraph 23 of the further amended statement of claim in suit No. HN/25/88 dated 14th May, 1991, the appellant, as plaintiff claimed, as follows:-</p><p>“(a) Declaration that the plaintiff is entitled to the customary right of occupancy to all that piece or parcel of land shown verged pink in plan No.AGLS/AN 243/88 situate at AKWUAKABO</p><p>EZEM, in Uruagu, Nnewi</p><p>N1,000.00 (one thousand naira only) beinggeneral damages for trespass. A perpetual injunction restraining the defendant, his agents, servants or assigns from further trespass into the said land.”</p><p>The defendant in suit No. HN/17/89 as plaintiff, under paragraph 17 of the amended statement of claim dated 21st day of July, 1977 claimed as follows…</p>