AKINTAN, J.S.C. (Delivering the Leading Judgment): The appellant as plaintiff commenced this action at Port Harcourt High Court in 1982 as suit No. PHC/272/82 against the respondent as defendant. The claim was in respect of a dispute arising over the ownership of a house at 185 Ikwerre Road, Port Harcourt. The action was instituted by the appellant through his attorney, Nnanna Oji Ogbu, the administrator of the estate of Oji Ogbu (deceased).
The plaintiff's claim as set out in paragraph 9 of the amended statement of claim is as follows:
"(a) N100, 000 special and general damages for the trespass committed by the defendant to the plaintiff's premises situated at No. 185 1kwerre Road, Port Harcourt in September, 1982
(b) An account of all rents collected by the defendant from tenants of the said premises and payment over to the plaintiff of any amount found due.
Perpetual injunction restraining the defendant either by himself, his servants and/or agents from committing any further act…