ODUKWE
V.
OGUNBIYI
·
Odukwe v. Ogunbiyi (1998) 8 NWLR (Pt. 561) 339
IGUH, J.S.C. (Delivering the Leading Judgment): In the High Court of former Anambra State of Nigeria, the plaintiff, who is now the respondent, instituted an action against the appellant, who therein was the defendant, claiming as follows:
"1. N500.00 (Five hundred naira) for trespass committed by the defendant and/or his servants on the plaintiff's land which is situate and lying at Omagba Layout in Onitsha and which piece of land is correctly described as No.28 Water Works Road Onitsha. The annual value of the said land is worth N20.00.
2. An injunction restraining the defendant, his servants and/or his agents from further trespass upon the said plaintiff's piece of land."
Pleadings were ordered in the suit and were duly settled, filed and exchanged.
The case accordingly proceeded to trial and parties testified on their own behalf and called witnesses.
Both parties traced their root of title to the land in dispute to the Isagba family or Ogbolieke village Onitsha. It was not in d…