MISS HELEN EGBUCHE V. MR. PATRICK OKECHUKWU EGBUCHE

EMMANUEL AKOMAYE AGIM, J.C.A. (Delivering the Leading Judgment): By a writ of summons dated 22-11-2002 and filed same day, the respondent herein, as plaintiff commenced suit No. 0/436/2002 in the High Court of Anambra State at Onitsha against the appellant herein as defendant, claiming for:

(a) The sum of N100,000.00 being damages for trespass

(b) A perpetual injunction restraining the defendant either by herself, or her privies or by any person whosoever, from interfering with, or exercising any acts of ownership whatsoever over the said one storey building and bungalow, the subject matter of this suit.

The parties filed and exchanged pleadings. The plaintiff elicited evidence through 3 witnesses, in support of his claim. 5 witnesses including the defendant herself testified in support of the defence. The case was tried on the basis of the following pleadings - Amended statement of claim, further amended statement of defence and further amended reply to further amended statement of …