J. A. FABIYI, JSC. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Port Harcourt Division (hereinafter referred to as the court below) which on 5th March, 2002 upheld the decision of Unigbuku, J. (as he the was) of the High Court of Justice, Port Harcourt dated 10th April, 1991 dismissing the Plaintiff/Appellant's suit for failure to prove his case.
The claim of the plaintiff at the trial court as depicted in paragraph 13 of the Statement of Claim read as follows:-
"(1) A declaration that the plaintiff is entitled to the statutory right of occupancy over and in respect of the property known as No. 21 Nsukka Street Mile 1, Diobu Port Harcourt.
(2)A declaration that No. 21 Nsukka Street, Mile One Diobu was never an abandoned property within meaning of law and that the purposed sale or assignment of the said property to the defendant by the Rivers State Government or its agent is null and void
(3)A perpetual Injunction restraining the def…