TOBI, J.C.A. (Delivering the Leading Judgment): By a motion dated 6th April, 1994, the appellant asked for the amendment of paragraph 10 of the statement of claim in order to introduce a plan prepared for the plaintiff by the Survey-General:
"(i) Introduce a plan prepared for the plaintiff by the Surveyor-General of Anambra State using plan No. MEC/403A/67 as shown on the land physically and showing the exact location of the appellant's house that was destroyed and looted.
(ii) Plead and establish that in another suit, suit No. 0/358/83 taken out by one Nnamdi Iwenofu against the respondents, in which a plan No. MEC/2774/83 was tendered, that the said Nnamdi Iwenofu won the case when the respondents settled with him and paid him. That this land and property for which the respondents paid was located in the Isiokwe land as that of the appellant.
(iii) Emphasise that the issue in the suit was not one of boundary which had been determined but of actual trespass and destruction of the ap…