REV. JOHN UGAH V. SYLVANUS UGWU AGBO

ABUBAKAR JEGA ABDUL-KADIR, J.C.A. (Delivering the Leading Judgment): The Respondent by a Writ of Summons dated 11th March, 1998 commenced an action against the Appellant in Suit No. E/90/98 at the High Court of Justice, Enugu Judicial Division. The claims of the Plaintiff/Respondent against the Defendant/Appellant are as follows:

1. A declaration that the piece or parcel of land situate at New Era Layout, Enugu otherwise known as plot 272 New Era Layout, Enugu belongs to the Plaintiff.

2. N132, 000.00 (One Hundred and Thirty Two Thousand Naira) only damages for the fence wall maliciously damaged by the Defendant when he trespassed into the Plaintiff's land.

3. Perpetual injunction restraining the defendant by himself, his agents, servants and privies from further acts of trespass on the said land.

The Plaintiff/Respondent supported his claim with a 20 paragraph Statement of Claim dated 20th November, 1998 and a Survey Plan No. ECUD/EN/02/98. See pages 3-6 of the record of appeal. The …