AKPABIO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of S.M.B. IBEZIAKO J. of Anambra State High Court, holden at Ogidi in Idemili Judicial Division in suit No. 0/183/89; HID/805/95 delivered on 17th December, 1998, wherein he dismissed plaintiff's suit for declaration of entitlement to customary/statutory right of occupancy in respect of certain lands in dispute; N1,000.00 damages for trespass and perpetual injunction, but rather awarded title to the said land to the defendant in accordance with his counter-claim for almost identical reliefs with N1,000.00 costs against the plaintiff.
It should be stated at this initial stage that at the trial court the original plaintiff was one Crawford Agbogu, while the original defendant was one Michael Adichie. The original parties later died, and were substituted with the present plaintiff and defendant now on record.
The claim of the original plaintiff was worded as follows:
The plaintiff claims as f…