ABUBAKAR JEGA ABDUL-KADIR, J.C.A. (Delivering the leading Judgment): This is an interlocutory appeal brought to this court, challenging the ruling of High Court of justice, Anamba State sitting at Onitsha Judicial Division on 23rd day of May, 2009 per Hon. Justice G. C. Anulude.
The brief literature review of the case is that the appellant who was the plaintiff at the lower court instituted the instant suit No. 0/121/96 against the defendants, now the respondents.
In his 18 paragraph original statement of claim dated 3/6/1996 the plaintiff/defendants/respondents as follows:
"(a) A declaration that the plaintiff is entitled under customary Law of Onitsha to the statutory right of occupancy of the piece or parcel of land known as No. 7B Obi Street, Onitsha shown in Survey Plan No. ALM/AN/D04/96 attached to this statement of claim.
(b) N50,000.00 (Fifty thousand Naira only) being damages for trespass to the said piece or parcel of land.
(c) Perpetual injunction restraining the Defendant …