UZOMA ONYEWUOTU NNADI V. ACHONWA NNADI

HARUNA M. TSAMMANI, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of G. Ifunanya Udom-Azogu; J of Imo State High Court in respect of consolidated suit No: HOW/45/87; delivered on the 20th November, 2000.

The Appellant herein, was Plaintiff at the lower court in Suit No: HOW/45/87 while the Respondent was plaintiff in Suit No: HOW/75/87. By consent of the parties, the two suits were consolidated and judgment given thereon. I wish to point out that, at the trial, the Appellant testified and called two other witnesses. The Respondent also testified and called three witnesses.

The claim of the Appellant is that, he is entitled to a declaration that he is entitled to the statutory right of occupancy over the piece of land or parcel of land known as and called No. 5 Douglas Road/Old Market Road, Owerri. He also claimed one thousand naira (N1, 000.00) being general damages for trespass and a perpetual injunction restraining the defendant (Respondent); his se…