NWALI SYLVESTER NGWUTA, J.C.A (Delivering the Leading Judgment): In a writ of summons issued at the Registry of the High Court of Justice of Cross River State, Calabar Judicial Division on 18/4/95 the appellant as plaintiff claimed against the respondent (then defendant) the following reliefs:
"1. Removal of the part of the building of the defendant on the property of the plaintiff.
2. Re-erection of the fence demarcating the plaintiff's property and the defendant's property in accordance with the original boundary.
3. The sum of N500,000.00 being damages for continuing trespass on the plaintiff's property by the defendant and his agents."
By leave of the trial Court the Respondent entered appearance and filed his statement of defence on 8/4/97, an action prompted by the appellant's motion to set down the case for hearing on his pleadings only. The appellant filed a reply to the respondent's statement of defence on 22/01/2001.
There is no indication as to whether or not the reply to …