ABUBAKAR JEGA ABDUL-KADIR, J.C.A., (Delivering the Leading Judgment): This is an appeal by the appellants against the judgment of the Anambra State High Court sitting at Onitsha Judicial Division delivered on 16th March 2009 by V.N. Agbata J.
The facts that give rise to this appeal are stated thus:-
The Respondents as Plaintiffs in paragraph 21(1)(2) and (3) of their statement of claim claimed thus-
1. A declaration that the plaintiffs are the persons entitled to the statutory Right of Occupancy over the piece or parcel of land known as and called No. 7 Oduwano Street Fegge, Onitsha.
2. An immediate recovery of possession of the plaintiffs' premises illegally occupied by the defendants
3. N5,000,000.00 damages for breach of the terms of a building agreement and the consequent trespass onto the said premises.
At the final close of trial on 8th October, 2008 written addresses were ordered, 45 days to the appellants and thereafter the plaintiffs/respondents shall file and serve within 21…