RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Anambra State High Court, Holden in Onitsha, delivered on the 10th day of March, 2008 by Hon. Justice C. E. Iyizoba in Suit No. O/523/2004.
The Appellants had appealed the whole judgment in this appeal.
SYNOPSIS OF FACTS
The suit, the subject matter of this appeal was instituted by writ of Summons dated 27th of September 2004 but filed on the 28th of September, 2004. In it, the Appellants (Plaintiffs in the lower Court) claim against the Respondent (Defendant in the lower Court) the following
a) A declaration that the Plaintiffs are entitled to Statutory right of occupancy over the piece of land known as late Akunnia Patrick Ogbuli land situate along waterworks road Omagba Layout Onitsha.
b) An order of perpetual injunction restraining the defendants, her servants, agents, privies, representatives and workers from trespassing on the said land of the Plaintiffs or doing anything inc…