OKETE OBETTA & ORS V. IGNATIUS OBETTA

IGNATIUS IGWE AGUBE, J.C.A. (Delivering the Leading Judgment): The Plaintiff (Respondent herein) by a Writ of Summons filed on 09-06-2003, commenced a Suit No. N/41/2003 at Nsukka High Court, Enugu State claiming against the Defendant (now Appellants the following reliefs:

(a) The Plaintiffs Prays the Honourable Court for a declaration that he is entitled to the Customary Right of Occupancy over the Parcel of land lying and situate at OBUNA-ETTI (the Market) Alor-Uno, Nsukka in Nsukka Local Government Area.

(b) Perpetual Injunction restraining the Defendants, their Servant, and Privies from trespassing on the land for or having anything to do on the land, until the case is determined. The Precise location to be filed with the survey Plan.

(c) The annual rental value of the land is N100.

Pleadings were filed and exchanged by the parties. At the hearing, the Plaintiff testified and called three other witnesses, the plaintiff tendered a total of four exhibits. The Defendants opened their cas…