PHILOMENA MBUA EKPE, J.C.A. (Delivering the leading Judgment): This is an appeal against the judgment of the Hon. Justice Ngozi Opara of the High Court Owerri, delivered on the 11th day of June, 2007 in which the learned trial Judge dismissed the Appellant's case in favour of the Respondent's.
The Appellant as plaintiff in the trial court had sued the defendant/respondent claiming the following reliefs:
"(a) N400.00 (Four hundred naira) being damages for trespass to the land in dispute.
(b) Perpetual injunction restraining the defendants his servants, agents from further trespass on the said pieces of land."
The said suit was filed on the 7th day of May, 1974. The Respondent being dissatisfied with the outcome of the case appealed to the court of Appeal then in Port Harcourt which set aside the decision of the High Court, Owerri and ordered a re-hearing of the case. After a protracted hearing of the matter de novo which spanned several years, the trial court finally set aside the earl…