JAMES OGENYI OGEBE, J.C.A. (Delivering the Leading Judgment): The respondent sued the appellant in Onitsha High Court seeking for a declaration that he was entitled to possession and use of pitch No. PD/54A in Ogbaru main market with other reliefs. Pleadings were duly exchange and the appellants counter-claimed against the respondent claiming damages for trespass and for an order of injunction.
The case of the respondent is that he applied for and was allocated a shed/pitch No. PD/54A at Ogbaru main market, on the 17th May, 1994 by the Ogbaru Local Government Authority. He was also issued allocation paper and a file code certificate. He also paid stallage fees to the Local Government and was issued receipts.
The appellants were allocated a kiosk with allocation No. D4/KS/1 by the same Local Government.
The gable ends, kiosk and pitch are allocated as mere open spaces and each allotee now constructs a structure on it; some with zink, plank or with cement.
The appellants in restructurin…