GABRIEL NWANO V. MARTIN OBAZE

ABOKI JCA (Delivering the Lead Judgment): This appeal arose from the decision of J. I. Nweze of the High Court Onitsha delivered on 19 October 2007.

One Gerald O. Obaze filed this suit originally at the lower court claiming against the defendant the following reliefs:

N2,000,000.00 (two million naira) damages for trespass. i . Perpetual injunction restraining thedefendant, hisheirs, assigns, servants, agents and personal representatives or any of them from continuing or committing further trespass on the plaintiff’s parcel ‘B’shown delineated on survey plan No. PA/D/AN002/ 2002. However upon a motion on notice dated 3 June 2002, one Martin O. Obaze was substituted as the plaintiff and pleadings were ordered by the court. It was the plaintiff’s case that his father one Sebastine Obaze purchased unquantified parcel of land from Odekpe Community under Odekpe native law and custom. That the said land was subsequently partitioned in 1984 by his said father who then transferred one part to …