MOJEED ADEKUNLE OWOADE, J.C.A., (Delivering the Leading Judgment): This is an appeal from the judgment of C.I. Ohakwe J. delivered on 9th June 2008 at the Imo State High Court sitting at Owerri.
On 27/7/2001, the Respondent as Plaintiff issued a writ of summons against the Appellants as defendants and claimed as follows:
1. A declaration that the plaintiff is entitled to the grant of statutory right of occupancy to that piece or parcel of land known as and called Plot 8 situate and lying along New Market Lane, New Owerri in the Owerri Municipal Local Government Council within jurisdiction.
2. A declaration that the defendants forcible entry upon the plaintiff's Plot 8 Land and demarcated the same with block wall with a view of taking the same by force is illegal, unlawful and is in breach of plaintiff's right to acquire and own immovable property.
3. A declaration that the burial of plaintiff's deceased sister late Comfort Nnoruo Okeke (nee Amaechi) by the defendants with force on the…