TIJJANI ABDULLAHI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Abia State, Coram, I.F. Ogbuagu, J., (as he then was) in Suit No.A/500/93 delivered on 21/06/2000.The Appellant was the defendant in the court below while the Respondent was the Plaintiff.
In his amended statement of claim, the Respondent as Plaintiff in the Court below claimed the following reliefs:
"(a) (i) A declaration that the Plaintiff is entitled to the Customary or Statutory Right of Occupancy of that certain piece or parcel of land known as and called 95 Ikot Ekpene Road, Ogbor Hill, Aba in the Aba North Local Government Area of Abia State with the building situate thereon, within the jurisdiction of this Honourable Court;
(ii) A declaration that the power of Attorney dated 31st day of December. 1990 and registered as No. 10 at page 10 in Volume 603 of the Lands Registry in the office at Owerri, now Urnuahia is null and void and of no effect whatsoever;