HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Abia State sitting at Osisioma Ngwa Judicial Division delivered by Hon. Justice E. N. Ejelonu J. on 17th February, 2006. The facts that led to this appeal are as follows:
By Writ of Summons filed on 14/4/2004 and Amended Statement of Claim filed on 28/2/2005, the Respondent as Plaintiff in the Lower Court claimed at Page 81 of the record as follows:
"a) Declaration that the Plaintiff is entitled to a grant of statutory Right of Occupancy over a piece or parcel of land known as and called Egbelu Umuatako (4 plots) lying at Egbelu Umuatako in Osisioma Ngwa Local Govt. within the jurisdiction of this Honourable Court.
b) Ten Million Naira damages against the Defendant for trespass;
c) An Order of Court setting aside any purported Power of Attorney granted to the Defendant by any member of Umuatako family or any other person.
Perpetual Injunction restraining th…