EBERE EGWIN V. NKECHINYERE ONUOHA

RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Imo State High Court holden at Mbano, in Suit No. HME/64/2003, delivered on the 7th day of June, 2013, in which the Court below dismissed the Appellant’s reliefs in its entirety, and granted the Reliefs of the Respondent – Pages 240 – 253 of the Record of Appeal.

SYNOPSIS OF FACTS

The Claimant had claimed against the Defendant in the Court below the following reliefs viz:-

a. A declaration that he is entitled to the customary right of occupancy over the piece or parcel of land known as “Ala Mbata” that situate at Umuduauyi Umunezeala Ofor, Ehime Mbano Local Government Area within the jurisdiction of the Court.

b. A declaration that by converting a mud house to a cement building without the consent of the Plaintiff and by denying the Plaintiff’s title over the said land the Defendant is bound to forfeit the said land to the Plaintiff.

c. Respondent injunction restraining the Defendan…