ITA GEORGE MBABA, JCA (Delivering the Leading Judgment): This appeal is against the judgment of Abia State High Court in Suit No. HU/107/2008, delivered on 8/11/2010, wherein the trial Judge, Hon. Justice Onuoha A.K. Ogwe dismissed the claim of the Plaintiffs as well as the Counter claim of the Defendants. The Plaintiffs filed this appeal against the said judgment, while the Defendants filed a cross appeal.
At the Lower Court, the Plaintiffs (now Appellants) had sought the following reliefs against 1st Defendant (who was the sole Defendant). The 2nd Defendant later applied to join in the Suit:
(1) A declaration that the Plaintiffs are entitled to the piece or parcel of land known as and called AZU Mission situate at Atta Ibeku within the jurisdiction of this Court, with annual value of ₦20.00.
(2) The sum of ₦5,000,000.00 (Five Million Naira) being special and general damages for trespass.
(3) Perpetual Injunction restraining the Defendants, his agents, servants and/or privies (See pages …