MARY U. PETER-ODILI, J.C.A. (Delivering the Leading Judgment): Sometime in 1994, Nathaniel Ochigbo, the original Plaintiff (hereinafter called "The Appellant") filed a case against Idrisu Onoja and Onoja Ogba before the Upper area Court, Ankpa claiming declaration of title to land at Agwodaba, Okpo in Olamaboro local Government Council of Kogi State, for himself and on behalf of Ochigbo Obekpa family. Besides the claim for declaration of title, the Appellant equally claimed ejectment and forfeiture of the said land against the original Defendant s as well as an injunction restraining them and their agents from further interfering with the said piece of land. Subsequently, the case was transferred from the Upper Court, Okpo.
The original 2nd Defendant, namely Onoja Ogba was reported dead on 22/9/94 hence his name was struck out from the case. Idrisu Onoja also called Idi Umoru and this accounts for why he was bearing the name Idi Umoru from the lower Court and so the said Idi Umoru is …