THOMAS, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment delivered by Hon. Justice L. C. Alinnor in suit No. HOW/249/90 dated 30/05/1995. The judgment was in favour of the plaintiff now respondent in this appeal.
The brief facts of this appeal as per the plaintiff/respondent's amended statement of claim, is that the respondent purchased the land in dispute in 1976. The land was made of plots 203, 204, 205 and 206 situate at Ugwu Orji Layout Owerri. The sellers were said to be Nicholas Nlumanze and John Nlumanze who claimed to be owners by virtue of inheritance from their forebears. The sale price to the respondent was N7,000.00, and it was evidenced by a Deed of Conveyance dated 2nd August 1976 and registered as No. 74 at page 74 in volume 118 at Land Registry Owerri along with survey plan No. MC/424/76 showing the extent and dimension of the land in dispute.
The respondent also obtained a State Certificate of Occupancy (C of O) dated 08-09-1998 with Pl…