TUNDE OYEBANJI AWOTOYE, J.C.A.(Delivering the Leading Judgment): This is the judgment in respect of the appeal filed by the defendant to challenge the decision of Abia State High Court in Suit No. HS/23/2011: LOUIS EGWUONWU NWOKO and ANOR V. EMMANUEL NWAORIE EJIMADU delivered on 30/10/2013.
The plaintiffs claimed at the lower Court as follows:
1. A declaration that the claimants are entitled to the right of occupancy over the pieces of land called:-
(a) Uzo Umuma land
(b) Aba Onu Obodo land
(c) Uzo Ogwe Ama Okpaechi land
(d) Iyi Aba land; all lying and situate at Ihieagu Ndudu UTURU in Isuikwuato Local Government Area of Abia State within the jurisdiction of this Honourable Court.
2. An Order of perpetual injunction restraining the defendant either by himself his servants, agents servants (sic), privies or whomsoever from further trespassing into the above named lands.
3. The sum of N1,000,000.00 (One Million Naira) only as special and general damages for the defendants trespass into the abov…