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ONNOGHEN, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, holden at Enugu in appeal no. CA/E/102/79 delivered on the 11th day of November, 1999 in which the court dismissed the appeal of the appellant against the judgment of the High Court of Imo State holden at Afikpo Division in suit no. HAF/13/78 delivered by that court on the 18th day of June, 1979 in which it dismissed the appellant's claim for statutory right of occupancy, trespass, injunction and specific performance, but awarded the sum of N500.00 (Five hundred naira) damages in lieu of specific performance.
On the 26th day of May, 1978, the appellant, as plaintiff, caused a writ of summons to be issued against the respondents, as defendants, claiming the following reliefs:-
"(i) A declaration that plaintiff is the person entitled to a statutory right of occupancy to a parcel of land near Eke Market, Afikpo and which is part of a larger area of land situate at Amachi vi…