AMIRU SANUSI, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal against the ruling of the High Court of Justice, Anambra State, Idemili Division, sitting at Ogidi (hereinafter referred to as "the lower court") delivered on 12/5/05. At the lower court the plaintiff now respondent filed suit No. HID/90/2001 against the defendants now appellants claiming this under listed reliefs -
(a) Declaratory Order of Right of Occupancy.
(b) N 1,000,000.00 (One million Naira only) as damages; and
(c) Perpetual injunction
Pleadings were ordered, filed and exchanged by parties, with the Plaintiff filing his Statement of Claim dated 27/5/2002 while the Statement of Defence for the Defendant dated 9/12/2003 was filed on the same day. After pleadings were exchanged hearing commenced in earnest on 5th of April 2004. The Respondent as Plaintiff at the lower court started his testimony on 5/4/2004 and concluded his testimony on 31/5/2004 after he was duly cross examined and re-examin…