MICHAEL ROMAINE V. CHRISTOPHER ROMAINE

P. NNAEMEKA-AGU, J.S.C. (Delivering the Leading Judgment): This is an appeal by the defendant who was the successful party in the High Court. But the Court of Appeal reversed the High Court decision and entered judgment for the plaintiff in terms of his claim.

In an Onitsha High Court, the plaintiff who sued as head of George Romaine's family claimed the following reliefs:-

"1. A declaration that all that piece and parcel of land (plan of which will be filed in Court) being and situate at Onitsha within jurisdiction, known as and called No.20, Emejulu Street, Onitsha (formerly known as No.16, Emejulu Street, Onitsha) is the communal property of the sons of late George Romaine of Onitsha.

2. 300pounds general damages for trespass in that the Defendant in or about the year 1966 broke into and entered into the Plaintiff's land aforesaid and started to harass the Plaintiff's tenants living on the land and to collect rents from them. Further, between the year, 1970 and 1971, the Defendant …