MISITURA OMODERE BOLAJI-YUSUFF, J.C.A.(Delivering the Leading Judgment): The respondents in this appeal instituted suit No. OT/33/2002 in the Otuocha/Awka Judicial Division of Anambra State High Court and claimed the following reliefs against the appellant:
(a) A declaration that the Plaintiffs are entitled to the Statutory Right of Occupancy in respect of the said land in dispute i.e. Owelle Umuonyenwonwu.
(b) An order of forfeiture against defendants.
(c) An Order of interlocutory injunction restraining the defendants their agents or privies, from further changing the character of the land now in dispute in any manner such as felling of trees thereon, erecting building, cultivating the land, uprooting boundary marks etc.
(d) N200,000.00 damages.
The defendants were originally two but the name of the 1st defendant was struck out at the Court below leaving only the appellant in this appeal as the sole defendant.
Parties filed and exchanged pleadings. 1st and 3rd plaintiffs testified as PW1 …