LIVINUS NWABUDE V. PETER ONUMA

IGNATIUS IGWE AGUBE, J.C.A. (Delivering the Leading Judgment): By a Writ Summons dated the 8th day of February, 2005 and filed on the 9th day of February, 2005 and the particulars of Statement of Claim dated the 15th day of June, 2005 and subsequently filed on the 20th day of June, 2005, the Plaintiff (now Appellant) sought for the following reliefs against the original Defendant (then Mr. FIDELIS ONUMA and now substituted with the present Respondent MR. PETER ONUMA):

"(a) A Declaration that the Plaintiff is entitled to Right of Occupancy and Exclusive Possession over the piece and parcel of land situate at UGWUAGBA, NEW LAYOUT, OBOSI IN IDEMILI NORTH LOCAL GOVERNMENT AREA OF ANAMBRA STATE VERGED RED IN SURVEY PLAN NO. FALS/AN/DL/09/2005

"(b) N500,000.00 (Five Hundred Thousand Naira) damages for trespass.

"(c) N270,000.00 (Two Hundred and Seventy Thousand Naira) for destruction and waste of the economic trees on the properties.

"(d) Perpetual Injunction restraining the Defendant himself, …