AMIRU SANUSI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of High Court of Justice Anambra State (the lower Court for short) in Suit No. 0/6/2004 delivered at Onitsha on 20th July 2006. The respondent herein as plaintiff, took a Writ of Summons at the lower court against the two appellants as defendants, claiming the under-mentioned reliefs:-
(a) A declaration that the plaintiff is the lawful allocated by the Onitsha North Local Government of market stall Number VI/15 situate at Onitsha Main Market and also known as Mandella Square Main Market, Onitsha.
(b) N2,000,000 being damages for trespass.
(c) Injunction restraining the defendants by themselves, their servants or otherwise whosoever from remaining on or continuing in occupation of the said stall.
Upon being served with the Writ of Summons and Statement of Claim, the two defendants in their joint Statement of Defence made a Counter-Claim as below:
(1) A declaration of the court that the Defen…