CHIEF STEPHEN NWANKWO OKONKWO & ANOR V. DR. PATRICK IKECHUKWU OKOLO

A. G. KARIBI-WHYTE, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal Division sitting at Enugu. On the 23rd January, 1985, the appeal by the Defendants against the judgment of Awogu J (as he then was) of the High Court of Anambra State sitting at Onitsha was dismissed. The learned Judge had on the 14th April, 1980 granted all the claims by the Plaintiffs against the Defendants, which are as follows -

"1. A declaration of title to that piece and parcel of land known as and forming part of OKPOKO lands, situate and lying on the left hand side at about Mile 3 1/2 on the Onitsha-Owerri Road, in Onitsha, Anambra State, as is more particularly delineated in Plan No.SE/ /76 filed by the Plaintiff in this Suit and therein verged PINK.

2. N1,000 (one thousand naira) damages for trespass on the said land.

3. Injunction restraining the Defendant, his servants and/or agents or anyone of them from interfering with the Plaintiffs ownership and pos…