F. EJIKE UME V. GRACE MGBACHI & ANOR

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the interlocutory Ruling of Amaizu J. sitting at the Onitsha Judicial Division of the High Court of Anambra State delivered on 16th day of February, 1996.

The Respondents as Plaintiffs in the court below commenced this action against the Defendant/Appellant by a writ of summons dated 1/12/91 and filed on 20/12/91.

By paragraph 24 of the Plaintiffs/Respondents statement of claim dated 26/4/95, the Respondents claimed against the Appellant as follows:

"(a) A declaration that the Plaintiffs are the persons entitled to occupy, hold and use the said land registered as No. 75 at page 75 in volume 196 as described herein and more clearly delineated pink in the Plaintiff's survey Plan NO. CEG/AN/LSO1/95 as 22/3/95 filed with their statement of claim.

Or In The Alternative

A declaration that the Plaintiffs are entitled to be granted the statutory right of occupancy of the said land in dispute as describ…