MALACHY OKOLO & ANOR V. WALTER IBEZIM & ANOR

MISITURA OMODERE BOLAJI-YUSUFF, J.C.A. (Delivering the Leading Judgment): Walter Ibezim, the 1st respondent in this appeal Instituted Suit no. E/170/2013 at the High Court of Enugu State, Enugu Judicial Division and claimed the following reliefs against the appellants and the 2nd respondent:

"1. A declaration that the plaintiff is entitled to the right of occupancy over and in respect of plot 181, New Homeland II, lying and situate at Umuchigbo Iji Nike.

2. An order of perpetual injunction restraining the defendants acting by themselves or through their agents, servants or privies from interfering by ways of acts of trespass with the plaintiffs right to ownership and enjoyment of the said plot 181, New Homeland II, lying and situate at Umuchigbo Iji Nike.

3. The sum of Two Million Naira (2,000,000.00) being special and general damages against the defendants for their use of building materials belonging to the plaintiff and their acts of trespass on plot 181, New Homeland II, lying and si…