CHIEF OWABIE TOBIN V. MRS. IDAIBI FIBERESIMA , LL. MR. S. T. FIBERESIMA

MOHAMMED MUSTAPHA, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the decision of the Rivers State High Court, of the 5th July, 2013, presided by Honorable Justice S. H. Aprioku granting title to the property in dispute at No 55 Emenike 1 Diobu Port Harcourt to the Respondent. The Respondent claimed the following at trial:

I. A declaration that the Claimant is the owner and entitled to the Certificate of Occupancy in and over the property known and called No. 55 Emenike Street, Mile 1 Diobu, Port Harcourt, Rivers State.

II. A declaration that the Defendant has no interest whatsoever in respect of the property known and called No. 55 Emenike Street, Mile 1 Diobu, Port Harcourt, Rivers State.

III. An Order restraining the Defendant, either by himself, his agents, servants, allies, associates and whosever described from further interfering with the Claimant's right of user and possession of the property, No. 55 Emenike Street, Mile 1 Diobu, Port Harcourt, Rivers State.

I…