SAMUEL CHUKWUDUMEBI OSEJI, J.C.A (Delivering the Leading Judgment): This appeal is against the judgment of the Onitsha Judicial Division of the High Court of Justice, Anambra State, presided over by Hon. Justice Vin. Agbata and delivered on the 20th day of June 2009 in Suit N0. O/234/2002 (Nnaji A. Obanye V. Emmanuel Mbamalu) wherein the said Suit was dismissed by the learned trial judge for lack of merit.
The Appellant in this appeal had as plaintiff filed a Suit in the said High Court hereafter referred to as the (lower court) on the 22-4-2002 wherein he claimed as follows:-
(i) Possession of 58 Sanniez Stre et and 24 Ezenwa Street, Onitsha.
(ii) N3000,000 general damages.
(iii) Perpetual injunction restraining the defendant, his agents and privies singly or in union howsoever from entering or remaining on 58 Sanniez Street and 24 Ezenwa Street, Onitsha without the consent of the plaintiff.
Subsequently in the 2nd further amended statement of claim dated 28-3-2008 filed on 31-3-08…