JOSEPH IGBONGIDI V. JOHNSON UMELO

MOHAMMED, J.S.C. (Delivering the Leading Judgment): The respondent, Mr. Johnson Umelo, instituted this action in the Port Harcourt Judicial Division of the High Court of Rivers State, by a writ of summons, endorsed with the following claim:

'The plaintiff's claim against the defendant is as follows:

1. N8,942.00 (Eight thousand nine hundred and forty-two naira) being special and general damages for trespass in that between January, 1970 and August, 1975 the defendant entered the Plaintiff's house at No. 1, Nsu Street, Diobu Port Harcourt and falsely represented himself as the landlord whereupon the defendant wrongfully collected rents from the tenants within the period aforesaid.

2. Perpetual injunction restraining the defendant and or his agents or servants from further acts of trespass to the plaintiff's property situated at and known as No. 1, Nsu Street, Diobu Port Harcourt within the jurisdiction of this honourable Court."

The case of the respondent, in brief, is that he purchase…