LADY UGWUDIYA CLARALEE IROBUNDA V. ALOZIE IROEZI & ANOR

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of Abia State High Court in Suit No.HU/63/2007, delivered on 13/3/2013, by Hon. Justice Onuoha A.K. Ogwe, wherein he granted the claims of the Plaintiffs and awarded the reliefs claimed. Appellant on record substituted the Defendant at the Court below, who died in the course of this appeal. The Respondents herein were the Claimants at the Court below.

The Claims at the trial Court was for:

(1) A declaration that the Defendant cannot, by force, take away from the plaintiffs the possession, ownership and use of the land in dispute.

(2) The Sum of N58,500.00 (Fifty Eight Thousand Five Hundred Naira) only as special and general damages for the (9) nine palm trees.

(3) An order of injunction restraining the Defendant, his privy, agents/or his workmen from further entry upon or interfering with the said land. (Page 5 of the Records)

The Defendant filed a defence and a Counter-claim and sought title ov…