MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Obisike Oji J. delivered on 29/11/2007 in the Umuahia Judicial Division of the High Court of Abia State.
The Appellant was the 3rd defendant while the 1st Respondent was the plaintiff before the lower court. The 1st Respondent, as plaintiff took out a Writ of Summons against 5 (five defendants) including the Appellant as 3rd defendant and the Registrar of Deeds, Land Registry (Umuahia) as 5th defendant. At a later stage, by order of court, Chuks Offor and Okechukwu Osisiogu were joined as the 6th and 7th defendants respectively in the suit. In the course of trial, it became known that the 2nd defendant is one and the same person as the 6th defendant.
The claims of the 1st Respondent as plaintiff against the defendants at the lower court including the Appellant as 3rd defendant were as follows:
(a) N5M (Five Million Naira) special and general damages from the defendants jointly a…