EJEMBI EKO, JCA (Delivering the Leading Judgment): The Appellant was the Plaintiff at the High Court of Rivers State where he had gone claiming, as per his amended statement of claim the following reliefs:
(i) A declaration that the plaintiff is the lease holder, owner or lessee of the piece or parcel of land together with the building thereon situate or lying at No. 43 Bishop Johnson Street, Port Harcourt, otherwise known as and called Plot 'O' Block 196, Port Harcourt
(ii) ₦5,500.00 being special and general damages for trespass.
(iii) Perpetual injunction restraining the 1st defendant, her servants or agents and all other persons claiming through or under them from committing further acts of trespass on the said property.
The learned trial judge heard evidence of the parties and the submissions of their respective counsel. In his considered judgment the learned trial judge dismissed the case of the Appellant, as the plaintiff, on 8th June, 2004. Hence this appeal.
The undisputed fa…