<p><strong> ABDULLAHI JCA (Delivering the Lead Judgment): </strong> This is an appeal against the decision of the Rivers State High Court of Justice presided by Mary U. Odili J. delivered on 26 March 1997 in suit No. PHC/272/95 whereby she refused to set aside the decision/judgment of that court delivered on 31 January 1996 in default of pleading.</p><p>The appellant was the defendant in the court below, while the A respondent was the plaintiff in that court wherein he filed a writ of summons against the defendant/appellant claiming <em> inter alia </em> as follows:</p><p>A declaration that the plaintiff is the owner of and therefore entitled to a statutory right of occupancy over the property known as and called No. 48 Urualla (Sabagreia) Street, Mile 1 Diobu, Port Harcourt. A N50,000.00 (fifty thousand naira) general damages in that the defendant, without leave or consent of the plaintiff and in spite of repeated warnings by plaintiff, has trespassed onto the property in dispute by putting in tenants and collecting rents fro…</p>