CORDELIA IFEOMA JOMBO-OFO, J.C.A. (Delivering the Leading Judgment): This appeal is borne out of the judgment of the High Court of Rivers State (hereinafter to be known as lower/trial Court), per Hon. Justice Obie Daniel-Kalio, J. (as he then was) in suit No. PHC/547/99 delivered 22nd April, 2008. The original plaintiff at the lower Court was Mrs. Mercy Augustine Wechie who upon her death was substituted by her daughter (Miss Nkesi Augustine Wechie) and who before us is the respondent. The appellant herein was the defendant/counter-claimant.
STATEMENT OF FACTS
By the writ of summons issued 24th March, 1999 and the subsequent amended statement of claim, the plaintiff (respondent) had sought the following reliefs against the defendant (appellant):
28. WHEREFORE Plaintiff claims against Defendant as follows:
a) A Declaration that Plaintiffs mother is the lawful owner of the Building and premises situate at No. 6 Aka Lane, Mile 111 Diobu, Port Harcourt and vested with the Statutory Right of O…