KINGSLEY EMESIANI V. LEVI EMESIANI

EMMANUEL AKOMAYE AGIM, J.C.A. (Delivering the Leading Judgment): On the 26th July, 1999, the respondent herein, as plaintiff commenced suit N0. OT/40/99 in the High Court of Anambra State in the Otuocha Judicial Division against the appellant herein as defendant, claiming for:

1. A declaration that plaintiff is entitled to the statutory right of occupancy of the land in dispute whose annual rental value is N100.00

2. N10,000.00 damages for trespass

3. Perpetual injunction restraining the defendant whether by himself, agents, privies or workmen from committing further acts of trespass on the land.

Both sides filed and exchanged pleadings. After the conclusion of evidence and address of both sides, the trial court per P.A.C Obidigwe J on the 22nd March, 2005 rendered Judgment in favour of the plaintiff granting him the claims as reproduced above.

Dissatisfied with this judgment, the defendant on the 9th April, 2005 commenced this appeal NO CA/E/321/2007 by filing a notice of appeal con…