STEPHEN JONAH ADAH, J.S.C. (Delivering the Lead Judgment): This cross-appeal arises from the judgment of the Court of Appeal, Enugu Judicial Division, delivered on the 7th day of December, 2017, in Appeal No: CA/E/247/2013. At the lower Court, both parties independently challenged distinct portions of the decision of the trial Court, each seeking validation of their respective reliefs. In its judgment, the lower Court affirmed the declaration of title to land and granted a perpetual injunction in respect of certain portions of the landed property in favour of the cross-appellants, but refused the claims for special damages in their entirety. Dissatisfied with aspects of the decision, both parties have further appealed to this Court. The cross-respondent filed its Grounds of Appeal on the 9th day of January, 2018, while the cross-appellants filed theirs on the 6th day of March, 2018.
The facts of the case, as presented by the parties, may be summarised thus: The 2nd cross-appellant is t…