EGBUNIWE V. AKAEZE

MISITURA OMODERE BOLAJI-YUSUFF, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Delta State delivered in suit no. A/212/2014 on 23/1/2014 wherein the respondent as the claimant sought a declaration over the piece/parcel of land situate at Umuojife Layout, Asaba measuring approximately 2527.921 Square metres, bounded by Survey Beacons Nos. PE802, YB1584, YB1587 and YB3178 shown verged pink in Survey Plan No. LSF4853, N10 Million Naira damages for trespass committed by the appellant on the land and an order of perpetual injunction against the appellant.

The respondent's case at the lower Court was that sometimes in 1977, his father, late Partrick Chike Akaeze who died on 24/4/2004 acquired the land in dispute by purchase under native law and custom from Umuojife family. He took possession of the land, demarcated the boundaries with live sticks and caused the land to be surveyed by a licensed surveyor in 1985. He also prepared a building …