IGWE STEPHEN OFOMATA V. EMMANUEL ONWUZULIGBO

FABIYI, JCA (Delivering the Lead Judgment): This is an appeal against the ruling/judgment of Elechi, J., sitting at the High Court of Justice Enugu on 7th February, 1996.

The respondent, as plaintiff at the trial court, filed his writ in the undefended list. It is apt to reproduce paragraphs 3, 4 and 5 of the claim as they seriously have impact on the issues canvassed in this appeal. They read as follows:-

“3. Sometime in April 1995 defendant received from the plaintiff the sum of N400,000 (four hundred thousand Naira) to enable plaintiff take possession of and develop for plaintiff’s own use a piece of land purported to belong to the defendant and known as plot 34 Ekulu Ngwo.

4. Thereafter plaintiff sought to take possession of the said land but was shocked to discover that someone else was already in possession of the said land and had walled same and was building on same, claiming the said parcel of land as his.

5. WHEREOF plaintiff claims against the defendant the sum of N400,000…