MR. CLEMENT OFUANI V. AUGUSTINE ONUORA EMORDI, ESQ & ORS

BOLOUKUROMO MOSES UGO, JCA(Delivering the Leading Judgment): This appeal is against the judgment of the Delta State High Court of 22nd day of July 2013 in Suit No. A/80/2011 entered in favour of the 1st respondent against the appellant.

In that Court the 1st respondent as claimant claimed the following relief:

1. A Declaration that the 1st Respondent (claimant therein) is the owner and entitled to possession of Plot 132, Extract Survey of phase III, Block II and III at Central Core Area, Asaba in Oshimili South Local Government Area of Delta State, Nigeria containing an area of approximately 1977.838 Square Metres which land is more particularly marked and delineated in Survey Plan No.AS355 attached to Certificate of Occupancy No. 12481.

2. The sum of N50,000, 000.00 (Fifty Million Naira) only being general damages for trespass against the 1st Appellant (1st defendant therein for interfering with the appellants right of possession and ownership of the said Plot No. 132 by his continuing …