MADAM EBIRERI TSEMUDIARA & ORS. V. MESSRS F. G. SPIROPOULOS & COMPANY LTD.

ABBA AJI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Hon. Justice EA. Nwulu, of the Delta State High Court, sitting at Sapele in Suit No.S/18/86, delivered on the 28th day of June, 1996.

The respondent herein as the plaintiff commenced this action against the defendants now appellants claiming inter alia as per paragraph 30(a)-(d) of the respondent's further amended statement of claim No.1 as follows:-

(a) A declaration of title to all that piece or parcel of land known as the property of Messrs EG. Spiropolous and Company Ltd, lying and situate at Ajamele, Ogodo Quarters within the jurisdiction of this Hon. court and verge Red on plan No. KP 3635 aforestated.

(b) The sum of N7, 000.00 being the cost of 70009" Cement Blocks property of the plaintiff but used by the defendants during the construction of the wall fence on the plaintiff's land verged yellow in plan No. KP 3635 aforestated. Each cement block is assessed at one naira (N1.00).

(c) T…