CHRISTIAN N. OGBENNA & ORS V. CHIEF ZIK O. KANU & ORS

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment): The appeal is against the judgment delivered on 26/9/2012 by the Abia State High Court holden in the Aba Judicial Division presided over by Hon. T.U. Uzokwe (hereafter to be simply referred to as the lower Court and learned trial Judge respectively).

The writ of summons by which the action was instituted is on pages 1 3 of the record. Therein, the claim and particulars of claim of the Respondents as the initiator of the case read thus: -

Plaintiffs claim jointly and severally against the defendants as follows: -

i. A Declaration that the plaintiffs are entitled to the statutory right of occupancy to the piece or parcel of land known as and called AMA OLUA situate at Umuihie Ohokobe Mbaocha Ndume Ibeku, Umuahia North Local Government Area whose annual rental value is not less than N5 (five naira) within the jurisdiction of this honourable Court.

ii. An Order directing the defendants, their servants and or agents to st…