NSOFOR, JCA (Delivering the Lead Judgment): This is an appeal fromthe decision of the Owerri High Court, Alinnor, J. (as then was) on the 8th of December, 1997 in Suit No. HOW/26/75. The appellants herein were some of the defendants in the trial court.
The action in the suit was commenced originally by one Donatus Ogualaji with a writ of summons filed in the High Court of the East Central State holden in Owerri on the 17th of February 1975. The claims endorsed on the writ were for (1) “declaration of title”, (2) damages for trespass and
(3) injunction.
Subsequently, the suit became defective by the death of the sole plaintiff. The defect was, however, cured. For the purpose of fullness, it may be stated that there occurred some alterations and re-numbering of the defendants. Consequently the appellants were numbered as “(1)” and “(2)” respectively in their joint “further, further amended statement of defence”, (herein after referred to as the defence for short), filed on the 28th of No…