ALLANZA UCHE UGBOMAH V. OGBUESHI NZEM ALLANAH & ORS

MOORE ASEIMO ABRAHAM ADUMEIN, J.C.A. (Delivering the Leading Judgment): The respondents were the claimants in Suit No. A/129/2011 instituted in the High Court of Delta State, holden at Asaba. The appellant was the defendant in the said suit. In their amended statement of claim, the respondents claimed for:

(a) A declaration that the claimants are the persons entitled to the grant of a statutory certificate of occupancy over the piece or parcel of land measuring approximately 100 feet x 100 feet which is plot 1 in Umu-Obi Okonya family layout lying and situate at Umuekwo village, Umuaji Quarters, Asaba and more clearly shown in Plan Number FLAS/DT/39/98.

(b) The sum of N5,000,000.00 (Five Million Naira) only being general damages for trespass.

(c) Perpetual injunction restraining the defendant, by himself, his servants, agents or privies from further committing acts of trespass on the land in dispute or remaining on or occupying same.

The appellant filed a statement of defence and counterc…