OGEBE JCA (Delivering the Lead Judgment): The plaintiff/respondent A in this appeal brought an action on the 18/8/1998 against the 1st defendant/ appellant and second and third defendants as nominal parties before the High Court of Enugu seeking the following declarations as per paragraph 20 of its statement of claim:
A declaration that the plaintiff is entitled to right of occupancy of that parcel of land known as and called plot 10, block VI, Ogui New layout, Enugu by virtue of a deed of assignment registered as No. 21 at page 21 in volume 1400 of the Lands Registry in the office at Enugu. A declaration that the 1st defendant is not competent and has no locus standi to apply by way of motion on notice to set aside an irrevocable power of attorney registered as No. 9 at page 9 in volume 1397 in the Lands Registry at the office in Enugu the basis of which the plaintiff was granted a deed of assignment. A declaration that the purported order made on 27th January,1998 in suit No. FBT…