OLAGUNJU, JCA (Delivering the Lead Judgment): At the Anambra State High Court, the appellant as the plaintiff sued four defendants the number of whom dwindled until only the respondent as the plaintiff defendant was left midway through the trial down to the judgment. In the action the plaintiff sought in his further amended statement of claim declaration of title to a parcel of land, N100.00 damages for trespass and perpetual injunction restraining further trespass to the land. The action was dismissed by Uyanna,
J., who upheld the plea of res judicata by the defendant.
The facts of the case are as follows: the plaintiff who is the Okpala of Umonyeche family of Akpu in Orumba, Aguata Local Government Area of Anambra State, claimed that he is the owner of a parcel of land called ‘Ani Ofe Mili Onyeche’ which the land in dispute forms a part and that the defendant and his family who are natives of Umudim in Aro Ogwe, Orumba, are his customary tenants. The defendant denied that he is a …