HELEN MORONKEJI OGUNWUMIJU, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Justice, Anambra State, Aguata Judicial Division, Holden at Ekwulobia, delivered by Hon. Justice V.N. Agbata on 23/1/2012.
The Respondent by a Writ of Summons filed on 20/8/01 took out an action against the Appellants wherein he claimed as follows:-
a. A Declaration of the Court that the Plaintiffs are the persons entitled to the statutory right of occupancy over the piece or parcel of land known as ALA OHIA UDO ILODUBA situate at IhuokpalaEkwulobia.
b. N500,000.00 damages for trespass.
c. A Perpetual Injunction restraining the defendants, their agents and privies from further trespass into the land.
The Appellant in reaction by the Statement of Defence filed on the 9/3/2003 denied the Respondents claim and counter claimed as follows:
a. A Declaration that the purported statutory certificate of occupancy registered as 53 at page 53 volume 36 of Land Registry Awka,…