ISTIFANUS THOMAS J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of Charles-Granvile, J sitting at Port Harcourt and Yenagoa Judicial Divisions of the High Court of Rivers State in suits No.PFC/293/79 and YHC/45/95. The matter started in Port Harcourt" but was concluded by the trial Judge when he was transferred to Yenagoa Judicial Division. The proceedings taken under the two suit numbers have been combined together to from the record of appeal.
By a writ of summons filed on 26-10-1979 at Port Harcourt High Court, the plaintiff now to be referred to as the respondent, sued (8) eight persons including the 1st defendant now to be referred to simply as the appellant, claiming jointly and severally as follows:
"1. N10, 000.00 general damages for trespass into the plaintiff's land known and called AKWADO situate at Mile 3, Diobu, Port Harcourt and registered on No. 71 at page 71 in vol. 38 of the Lands Registry, Port Harcourt Statement of Claim.