ITA G. MBABA J.C.A.(Delivering the Leading Judgment): This is an appeal against the decision of Abia State High Court, sitting at Umuahia, delivered on the 21/1/13 by Hon. Justice K. O. Wosu in a consolidated suits NOS. HU/105/97 and HU/95/99, with the plaintiff in the 1st Suit remaining as plaintiff, while the plaintiff in the 2nd Suit remained as the Defendant/Counter Claimant in the consolidated suit. Judgment was entered against the Plaintiff, who is the Appellant herein.
By a Writ of summons dated 1/7/97,in suit NO.HU/105/97, the Plaintiff (Appellant in this appeal) claimed against the Defendant (Respondents herein) for declaration that he was entitled to the statutory right of occupancy over a piece of land called "Okporuama Amangwo" of annual rent value of ten naira (N10,00). He also asked for damages for trespass as well as injunction. By another summons taken out by the Defendant too (as plaintiff), Respondent herein, on the 2/8/99, in Suit NO.HU/95/99, Claimed against the A…