NZE V. ONYEACHUGWO

TIJJANI ABUBAKAR, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal Owerri Division, delivered on the 22nd day of March, 20131 wherein the Appellant's appeal against the judgment of the trial Court was unanimously dismissed by the lower Court.

The claim of the Respondent in this appeal as Plaintiff at the trial Court as per the writ of summons taken out on the 11th day of January 1989 reads as follows:

1. N1,000.00 being damages for trespass to the plaintiff's parcel of land known as and called “ALA NWOKWU" in plaintiff's possession situate at Umunyado Irete within jurisdiction

2. Injunction restraining the defendant by herself, servant and/or agent from committing further acts of trespass on the said land.

The facts grounding this appeal are that the land subject of this appeal known and called "Ala Nwokwu" is an integral part of a larger parcel of land situate at Umungada Irete. The Plaintiff's claim at the trial Court is that the land …