G. E. MBONU & ORS V. ANDREW NWAGBARA & ORS

ITA GEORGE MBABA, JCA (Delivering the Leading Judgment): This is an appeal against the decision of Abia State High Court in Suit No. HU/92/2010, delivered on 12/11/2008, by Hon. Justice A.U. Kalu, whereof the trial Court dismissed the claims of the Plaintiffs, now Appellants.

At the trial Court, the Plaintiffs sought the following reliefs against the Defendants (now Respondents):

(1) A declaration that the Plaintiffs are holders of or otherwise entitled to the statutory right of occupancy in respect of the piece or parcel of land verged RED in Survey Plan No. HAS/ABD/06/2001 of 24th April, 2001, prepared and signed by Surveyor H.C. Nwagboso and filed with this Statement of claim, part of ABO UMUDA ISINGWU.

(2) A perpetual injunction restraining the Defendants by themselves/their agents, servants, workmen and heir or otherwise, however, from going into the land or committing any acts of trespass against the land or otherwise interfering with the Plaintiffs right to the land or laying any …