UFONDU OKWULEHIE & ANOR V. CHIEF OTUOCHERE OBASI

PETER OLABISI IGE, J.C.A. (Delivering the Leading Judgment): This Appeal is against the judgment of ABIA STATE HIGH COURT contained in the judgment of Honourable Justice T.U. UZOKWE delivered on 19th day of July, 2010.

The Respondent had in Suit No. HU/30/99 vide a writ of Summons dated 18th day of March, 1999 and issued on 19th day of March, 1999 sued the Appellants claiming the following reliefs viz:

"1. A declaration that the Plaintiff is the holder of

or otherwise entitled to the statutory right of occupancy in respect of the piece or parcel of land in dispute known as and called "Asu Ulo Obasi" situate at Umuda Okpuala, Isingwu Umuahia North Local Government Area within the jurisdiction of this Honourable Court.

2. The sum of N100,000.00 (One Hundred Thousand Naira) general damages in that sometime in March 1999 the Defendants by themselves their servants workmen and/or Agents without the leave or licence of the Plaintiff broke into and entered the land in dispute at all mater…