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ABUBAKAR JEGA ABDUL-KADIR, J.C.A, (Delivering the Leading Judgment): This is an appeal against the Ruling of Enugu State High Court sitting at Enugu delivered by Ugwu (OFR) CJ on 10th day of November 2004.
The facts leading to this appeal are stated thus:-
By his statement of claim dated 16th May, 1993 the Respondent claim from the Appellant -
(a) N500,000.00 special and general damages for trespass and interference with the Plaintiff 's development of his said plot 67A.
(b) A perpetual Injunction restraining the defendant by himself or through his servants, agents and privies from further interference with the possession and use of the said plot 67A by the Plaintiff or by his mother who will execute the building works thereon.
The case of the Respondent/Plaintiff is that a mini commercial plot 67 A in the Trans-Ekulu Federal Housing Programme Phase I and II, 396.538 square metres in area was allegedly allocated to him. The Respondent/Plaintiff claimed that the Federal Ministry of Hou…