ICHIE JOSEPH IZUOGU V. AUGUSTINE IBE & ANOR

TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the judgment in respect of the appeal of the appellant against the decision of Abia State High Court decided on 10/11/2014 in Suit No. HUM/5/2013. ICHIE JOSEPH IZUOGU versus ICHIE BERNARD CHIBO IBE. The Claimant at the lower Court is now the Respondent in this appeal. By paragraph 21 of his Amended Statement of Claim, the Claimant claimed as follows:

(d) A declaration that the claimant is the owner, entitled to the grant of statutory right of occupancy over the parcels of land known as and called Ozulo and Ngbugba Utueke lands both at Owerri Ugwuozu in Ozulobu Autonomous Community Umuogele Amuda Isuochi particularly described in survey plan number AC/LD.13/2013.

(e) N400,000.00 Damage for Trespass.

(f) An injunction restraining the defendant by himself, agents servants, workmen, henchmen and privies from further trespassing into the said land or in any way interfering with the possessory or any right of the claiman…