HUMPHREY ONUOHA V. ROSANA NDUBUEZE & ORS.

OGEBE, J.C.A. (Delivering the Leading Judgment): The appellant sued the first respondent at the High Court of Mbano/Etiti in Imo State claiming -

"(i) Declaration that plaintiff was entitled to the peaceable possession and right of occupancy to the land known as Uhu-Okpotoro-Ulo Owere-Ogbuohia.

(ii) N5,000.00 special and general damages for trespass.

(iii) Perpetual injunction.

After exchange of pleadings the court joined the second, third and fourth respondents as defendants in the suit on their own request.

The appellant's case was that the land in dispute which was shown in his plan Exh. A was originally owned by his ancestor Ogbuohia and that it passed on by inheritance to his father Onuoha.

Later his father pledged the land to one Ndubueze Ekechukwu, the father-in-law of the first respondent. Sometime in 1970, when the children of late Ndubueze Ekechukwu were about to share the land of their father they included the pledged land among the lands to be shared. The appellant and h…