LAWRENCE OSUOHA V. LEONARD OFODUM & ANOR

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Imo State High Court in Suit Nos. HO/44/88 and HO/50/88 (consolidated), delivered on 18/8/97 by Hon. Justice B.A. Njemanze (as he then was), wherein the trial Court gave judgment in favour of the Plaintiff in Suit No. HO/44/88 and dismissed the Suit No. HO/50/88.

In Suit No. HO/44/88, the Plaintiff therein (now Respondent) had sought:

(1) A declaration that the Plaintiff as the owner of house and appurtenance adjacent to the defendants premises is entitled to have his house and appurtenance supported by the defendants adjoining land.

(2) N50,000.00 special and general damages for wrongful interference with support of adjoining house and appurtenance, nuisance and negligence.

(3) Perpetual injunction restraining the defendant, his agents, privies and/or his servants from further acts of interference with Plaintiffs peaceful enjoyment of his premises. The Suit was filed on 23/6/1988.

In his …