OGWUEGWU, JSC (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Enugu Division which allowed the appeal of the plaintiff in that court.
The plaintiff instituted an action in the High Court of the former Anambra State, Onitsha Judicial Division claiming the following reliefs:-
1. Declaration that the Plaintiff is entitled to the customary rights of occupancy of the piece and parcel of land known as and called Ozalla Land situate in Obosi in Idemili Local Government Area of Anambra State within the jurisdiction of this Honourable Court with the annual value of N20.00 (Twenty Naira).
2. N10,000.00 (Ten thousand naira) being damages for trespass to the said piece and parcel of land called "Ozalla" Land.
3. Perpetual injunction restraining the Defendant, his servants, agents and/or workmen from further trespass and from further interfering with the possessory rights of the Plaintiff over the said piece and parcel of land known as and calle…