GODWIN NSIEGBE & ANOR V. OBINNA MGBEMENA & ANOR

U. A. KALGO, J.S.C (Delivering the Leading Judgment): In the Rivers State High Court, Port Harcourt Judicial Division, the appellants as plaintiffs claimed against the respondents for-

"(i) A declaration that the plaintiffs are persons entitled to the rights or certificate of occupancy of the piece or parcel of land lying, situate and being at No. 43 Ikwerre Street, Diobu, PortHarcourt which is verged YELLOW on survey plan No. CABR/35LDI79 of 31st January, 1979.

(ii) A declaration that the instrument of transfer purported to have been issued by the Abandoned Property Authority to the defendant in respect of the building on this land is null and void and of no effect whatsoever and is hereby revoked;

(iii) An injunction to restrain the defendant whether by himself or his servants or agents or otherwise howsoever from interfering with the plaintiff's rights of occupancy of the said land." Pleadings were ordered, filed and exchanged between the parties who thereafter called witnesses in…