JAMES OGENYI OGEBE, J.C.A. (Delivering the Leading Judgment): The appellant sued the respondent in Onitsha High Court in Suit No.0/598/86 seeking the following reliefs in an Amended Statement of Claim;
"a. A Declaration that the Plaintiff is the bonafide owner in possession of property at Plot 13 Block 87, Modebe Layout otherwise known as No. 26 Afubera Street,Onitsha.
b. An Order of perpetual injunction restraining the Defendant by herself or her agents, servants or privies from trespassing, leasing or interfering with the Plaintiff's quiet possession use and enjoyment of the said land and the developments thereon.
c. N100,000.00 damages for trespass."
The respondent filed an Amended Statement of Defence denying the claim. At the trial the appellant testified for himself and called three witnesses to the effect that he bought the disputed property from Mrs Sussana Agwuna. He tendered "Exhibit P2" which was a power of attorney donated to Sussana Agwuna by Theophilus Agwuna over the p…