ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of Abia State High Court, in Suit No. HS/7/2008, and HS/9/2008 (Consolidated), delivered by Hon. Justice Obisike Oji on 24th April 2009, wherein the learned trial judge entered judgment for the Defendant in Suit No. HS/9/2008 and dismissed the Plaintiffs Suit HS/7/2008.
At the trial Court, the Plaintiff in HS/7/2008 (now Appellant) had sought the following reliefs (as per writ of summons of 6/5/2008):
(1) A declaration of title that the plaintiffs are entitled to the Statutory right of occupancy over all the piece or parcel of land traditionally known as and called Ala Ehuri situate at Umuasua in Isuikwuato Local Government Area of Abia State.
(2) An order of this Court compelling the Defendant to surrender or give up the said piece or parcel of land to the plaintiff
(3) N100,000.00 (One Hundred Thousand Naira) damages for the Defendants unlawful trespass.
(4) Perpetual injunction restraining…