MR. HENRY ENUDI & ANOR V. MR. CHUKWUNWEIKE OSUMILI

RAPHAEL CHIKWE AGBO, J.C.A. (Delivering the Leading Judgment): The appellant was the 2nd defendant and counter claimant at the High Court of Delta State while the respondent was the plaintiff and defendant to the counter-claim. The 2nd defendant had purportedly purchased land along Umuebu Road, Obiaruku from the defendant's family known as Okwudi or Umuegusu in 2004. The plaintiff was absent during this transaction. The defendant proceeded to survey this property and planted survey beacons thereon. When the plaintiff got home he saw these beacons on the land and uprooted them. The 2nd defendant caused the plaintiff to be arrested and detained by the police. On plaintiffs release on bail he took out a writ of summons in the High court. He claimed thus at paragraph 14 of the amended statement of claim -

"14. WHEREOF the plaintiff claims against the defendants jointly and severally as follows:

(a) A DECLARATION that ownership and Title to all that large tract of land measuring approximat…