FABIYI, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of Okoli, J. delivered on 14th December, 1998 while sitting at the High Court of Justice, Ekwulobia, Anambra State of Nigeria.
At the trial court, the appellant as plaintiff thereat, claimed as follows:
"(1) A declaration that the 1st defendant having denied the title of the plaintiff to the piece or parcel of land known as and called "Ana Okoli" situate and being in Ndioha Village, Ndiokpalaeze Town, Orumba North Local Government Area, has forfeited his right to be on the land.
(2) Possession of the said land.
(3) Injunction restraining the defendants, their servants or agents from continuing with any building on the land in dispute; putting any more building materials thereon, moulding blocks thereon, occupying any building put on the said land, or entering the land in dispute for any purpose."
As ordered by the trial court, parties filed and exchanged pleadings. In paragraph 10 of the statement …