UZOMA & ORS V. ANYANWUOCHA

RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Imo State sitting at Mbano Judicial Division, delivered on the 6th of December, 2013, in Suit No: HME/97/2006. 

SYNOPSIS OF FACTS 

The Respondent (Claimant in the Court below) had filed a Writ of Summons claiming against the Defendant (Appellants in this appeal) the following:

(i) A Declaration that the Plaintiff is entitled to the Customary Right of Occupancy over the piece or parcel of land known as and called “Ala Ute Akwu” situate at Umudurunze, Umukaram Amato-Amaraku in Isiala Mbano Local Government Area of Imo State. 

(ii) N500,000.00 being special and general damages for trespass into the aforesaid land. 

(iii) Perpetual injunction restraining the defendants either by themselves or acting through their servants, agents and privies from further trespass into the said “Ala Ute Akwu” land of Plaintiffs.” 

Page 2 of the Record of Appeal. 

The Respondent, at the tria…