MR. LAWRENCE OZU & ANOR V. MR. SIMON ABIDI

EJEMBI EKO, J.C.A. (Delivering the Leading Judgment): The Respondent as the claimant in the suit no PHC/428/1992, sought the following reliefs at the Rivers state High Court:

1. A declaration that by virtue of a sale agreement entered into between the claimant and the Rivers state Housing and property Development Authority dated 09/06/1992 and registered as No. 77 at page 77 in volume 154 of the Lands Registry Port Harcourt the claimant is the person entitled to the statutory right of occupancy in and over all that piece of land lying in and being a portion of the claimants larger piece or parcel of land known as and municipally referred to as No.39 Lumumba street Mile 2 Diobu, Port Harcourt within the jurisdiction of this Court.

2. N5,000,000.00 (Five Million Naira) being special and general damages for trespass in that on or about the 20th day of February 1992 the defendants in continuing act of trespass wrongly and unlawfully broke and entered upon the said piece or parcel of land …