CHARLES NNABUENYI UKOGU V. IGNATIUS MBANUGO & ORS.

ABUBAKAR JEGA ABDULKADIR, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment delivered on 19/9/2003 by Hon. Justice Umegbolu Nri-Ezedi (as he then was) and (hereafter simply referred to as "the learned trial Judge") of the Anambra State High Court of Justice (hereafter simply referred to as "the lower court"), The learned trial Judge in the judgment not only dismissed the claims of the Plaintiff (now Appellant) in their entirety, but also awarded costs in the sum of N1,500.00 against him.

The instant case (in which both parties filed survey plans that were duly admitted in evidence) was at the lower court tried upon the amended Statement of Claim filed by the Appellant and amended Statement of Defence and Counter-Claim filed by the Defendants (now Respondents). The counter-claim of the Respondents was not considered in the judgment appealed against, the same having been previously disallowed and consequently struck out, before the date of the delivery of …