RAPHAEL NWOJINI PIUS AMAIHEKEREM V. SIMON EMEREM ADU

AKPIROROH, JCA: (Delivering the Lead Judgment) This is an appeal from the decision of ONONUJU J., delivered in Suits Nos. HOR/111/74 and HOR/24/78 on the 3rd day of November, 1994, at the High Court of Justice of Imo State, holden at Okigwe.

There were two suits filed in the High Court, Orlu, namely, Suit No. HOR/111/74 and Suit No. HOR/24/78 and both of them were consolidated for trial. A In Suit No. HOR/111/74, the respondent claimed as follows:-

Declaration of title to that piece or parcel of land known as and called “Ala Ukwuakpu”, situate at Umuoma Egwedu Atta in Nkwerre Division, more clearly shown and delineated on the plan No. EC 47/69 and therein verged pink with annual value of N6.00 (six Naira). N200.00 (Two hundred Naira) as general damages for trespass into the plaintiff’s land.

Perpetual injunction to restrain the defendants, their servants and/or agents from further acts of trespass to the said land.”

In Suit No. HOR/24/78, the Appellants claimed against the Respondent, t…