OLABODE RHODES-VIVOUR, J.S.C. (Delivering the Leading Judgment): The appellant as plaintiff sued the respondents as defendants on a writ of summons accompanied by statement of claim.
Paragraph 13 of the Statement of Claim states the plaintiff's claim. It reads:
13. WHEREOF the plaintiff claims against the defendants jointly and severally as follows:-
(a) Declaration that the plaintiff is entitled to the Customary Right of Occupancy to the land in Dispute.
(b) N1,000.00 (One thousand naira) damages for trespass.
(c) Perpetual injunction restraining the defendants, their servants, agents and privies from further entering the land without the consent of the plaintiff.
The plaintiff relied on their statement of claim filed on 30th May, 1983.
Trial commenced at one time or the other before the judges who were unable to hear the case to the end. Finally trial commenced on 4th February, 1991 before the Hon. Justice P.K. Nwokedi (CJ Anambra State as he then was). Three witnesses were called by the p…