AKPABIO, JCA (Delivering the Leading Judgment): This is an appeal against a ruling of the High Court of Anambra State of Nigeria holden at Onitsha, Coram Keazor, J. in Suit No. 0/522/95, delivered on 18th November, 1999, wherein he granted the application of Veronica Abiana Oputa and substituted her as the plaintiff in place of her late mother, Agnes Mensah, now deceased, who was the plaintiff in the said suit with no order as to costs.
In the suit of the original plaintiff (Agnes Mensah) at the court below the claim against Daniel Ifejika, then the defendant (but now the appellant) was as follows:-
"19. Wherefore plaintiff claims:-
(i) Declaration that the defendant is not entitled to maintain the borehole in his premises where same has been sited as the vibration and noise emanating therefrom constituted nuisance to the plaintiff's occupation and use of her premises.
(ii) An injunction to restrain the defendant by himself, his servants or agents or otherwise howsoever from causing n…