INNOCENT C. OKONKWO V. NZE MICHEAL O. OKECHUKWU

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of C. M. I. Egole, J. of the High Court of Justice of Imo State, Okigwe Judicial Division delivered on the 27th day of May 2005.

On 5th of April, 2000, the Respondent as plaintiff in the lower court took out a Writ of Summons against the Appellant as defendant to the suit.

By paragraph 14 of the Statement of Claim, the Respondent claimed as follows against the appellant:

(1) A Declaration of the Honourable Court that the Plaintiff is entitled to "statutory Right of Occupancy" in respect of a parcel of land known as and called Plot Number 47 Agiriga Road, Okigwe, situate Okigwe Urban, within the jurisdiction of the Honourable Court.

(2) The sum of one hundred thousand naira (N100, 000) being general damages in trespass in that the defendant, broke into the said Plot, and wrongly placed two carpenters on it, who built, and are using the sheds for carpentry purposes. The defendant al…