ANIAGOLU, J.S.C.(Delivering the Leading Judgment):- Only one issue falls to be determined in this appeal, namely, whether, as held by the Court of Appeal, there was a want of fair hearing in the court of first instance. The appellant in the only ground of appeal filed put it thus, that:
"The Federal Court of Appeal erred in law when it held that the defendant/respondents had no fair hearing before the learned trial judge." To appreciate the ground of appeal, one must understand the background of the case, leading up to the judgment of the High Court. The plaintiff had taken out a writ in the Owerri High Court of Imo State claiming:
"1. Declaration of title to land known as and called NKPA situate at Umuonyeri Amala in Owerri Division with an annual value of 3pounds (three pounds).
2. 100pounds(One hundred pounds) being general damages for trespass.
3. Perpetual injunction restraining the defendants their servants and or agents from entering the said land.
DATED AT Owerri this 4th …