TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the judgment in respect of the appeal filed by the Claimant at the lower Court against the decision of Imo State High Court delivered on 18/3/2014 in Suit No: HOU/39/2010 UCHENNA REGINALD EZEKWERE and ORS v. NZE JAMES CHUKWUEMEKA OKIKE.
The Claimant had instituted on action against the Defendant at the lower Court claiming as per paragraph 42 of their statement of claim as follows:-
WHEREFORE the Claimants claims are as follows:
(a) A declaration that the Claimant is entitled to the statutory right of occupancy over that piece or parcel of land known as and called Uhu Onu-Eke Obana whose dimension or area is described in the property plan of late John Ezekwere dated 26/3/1984, and situate, lying and being at Okwudor in Obi-Mgbidi Autonomous Community in Oru West L.G.A.
(b) N5,000,000.00 (Five Million Naira) general damages for trespass committed on the land by the Defendant.
(c) Perpetual injunction restraining the D…