TOM SHAIBU YAKUBU, J.C.A. (Delivering the Leading Judgment): The 1st respondent had sued the appellant along with the 2nd respondent and claimed that her family is the rightful owners, occupiers and holders of one half of Stall No. R1/257 and Stall No. GE/257 at the main market, Onitsha. The action is sequel to the sale of the Stalls above mentioned by the 2nd respondent - the first son of the 1st respondent to the appellant. The claim was denied by both the appellant and the 2nd respondent. The appellant, on his part set up a counter claim against the 1st respondent and claimed general damages for trespass and loss of earnings in respect of the Stall No. GE/257.
The parties filed and exchanged their respective pleadings which were amended and further amended. The extant pleadings of the 1st respondent are the further amended statement of claim dated 29th Sept., 1999 and filed on 30th Sept., 1999 and the amended reply to the statement of defence of the appellant and the 2nd respondent …