ONU JSC (Delivering the Lead Judgment): This appeal is against the judgment of the Court of Appeal, Port Harcourt Division presided over by Tabai JCA (as he then was). Judgment was entered for the plaintiff, now respondent in the High Court for declaration of title, damages for trespass and injunction on 28th August, 1992. Being dissatisfied, the defendant now appellant, appealed to the Court of Appeal sitting at Port Harcourt before which he filed a total of seven grounds of appeal. In the judgment earlier delivered by the High Court, a lake within the land in dispute was awarded to the defendant who did not counter- claim. On that basis, the plaintiff filed a cross-appeal challenging that part of the judgment. Briefs of argument were later filed and exchanged includinga respondent’s cross-appeal. In its considered judgment earlier referred to, the court below allowed the appeal, set aside the decision ofthe High Court and dismissed the claim. The cross-appeal was also dismissed wi…