MIKA’ILU JCA (Delivering the Lead Judgment): The appellant was the plaintiff in suit No.HN/25/88 and defendant in suit No. HN/17/89. Both suits were consolidated, heard and determinedby the High Court ofAnambra
State, Nnewi Judicial Division by its judgment delivered on 17th September,1998. Thus, by paragraph 23 of the further amended statement of claim in suit No. HN/25/88 dated 14th May, 1991, the appellant, as plaintiff claimed, as follows:-
“(a) Declaration that the plaintiff is entitled to the customary right of occupancy to all that piece or parcel of land shown verged pink in plan No.AGLS/AN 243/88 situate at AKWUAKABO
EZEM, in Uruagu, Nnewi
N1,000.00 (one thousand naira only) beinggeneral damages for trespass. A perpetual injunction restraining the defendant, his agents, servants or assigns from further trespass into the said land.”
The defendant in suit No. HN/17/89 as plaintiff, under paragraph 17 of the amended statement of claim dated 21st day of July, 1977 claimed as follows…