PETER NWIGBO & ORS. V. FIDELIS EBUBEALOR & ORS.

ABUBAKAR JEGA ABDULKADIR, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment delivered on 15/12/2005, by Hon. Justice Umegbolu Eri-Ezedi (as he then was) and (hereafter simply referred to as "the learned trial Judge") of the Anambra State High Court of Justice holden at Awka Judicial Division (hereafter simply referred to as "the lower court"). The learned trial Judge in the judgment granted all the reliefs claimed by the Plaintiffs (hereafter simply referred to as "the Respondents"); while he dismissed the Counter-Claim of the Defendants (hereafter simply referred to as "the Appellants") in its entirety.

The instant case (in which both parties filed survey plans that were duly admitted in evidence) was at the lower court tried upon the amended Statement of Claim dated 28/5/1997 but filed on 10/2/2005 and amended Defence to Counter-Claim dated 1/12/1997 but filed on 5/12/1997 at the instance of the Respondents on the one part; and as amended Statement of D…