ISAIAH OLUFEMI AKEJU, J.C.A.: (Delivering the leading Judgment): This is an appeal against the judgment of the High Court of Anambra State, sitting at Awka delivered on 20/2/2006 in respect of suit No. A/3/2000 commenced by the Respondent for the reliefs stated in paragraph 18 of the Statement of Claim filed on 7/6/04 as follows:-
"(a) A declaration that the plaintiff is entitled to the statutory right of occupancy over the compound of Late Isaac Ebele situate at Uruogbogu, Ezira Village, Nimo within the Awka capital territory as per Survey plan No. AGU/D.09/2009 filed with this Statement of Claim.
(b) N2,000,000.00 (Two Million Naira) damages for trespass.
(c) An order for partition of the landed properties of Late Isaac Ebele between the plaintiff, the defendant and Chizoba Pius Ebele.
(d) An injunction restraining the Defendant from further trespass or interfering with the rights of ownership of the plaintiff over the compound of Late Isaac Ebele."
The appellant as the defendant fi…