TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the judgment in respect of the appeal filed by the appellant against the decision of Abia State High Court in Suit No. A/38/2013. Innocent Chibuko and Anor. v. Mr. Charles Chibuko delivered on 22/12/2014.
The Notice of Appeal was filed on 23/12/2014.
By paragraph 26 of the Claimants Statement of claim, they claimed as follows:
WHEREOF the Claimant is damnified and claims from the Defendant as follows:
i. A declaration that the agreement as contained in the document captioned Memorandum of Understanding/Family Resolution signed by the parties in this Suit with respect to the estates of Late Chibuko N. David is valid and binding on the parties thereto.
ii. A declaration that the occupation and locking up the Claimants rooms and commercial stores at No. 136B Ngwa Road Aba by the Defendant is trespassory.
iii. An order on the Defendant to vacate and unlock the rooms and commercial stores forthwith.
iv. An order on the Defe…