A. FATAYI-WILLIAMS, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of Aseme, J., delivered in a consolidated suit (Suit No. AA/98/72 and suit No. AA/113/72) on the 24th day of April, 1974.
The claim in suit No. AA/98/72 wherein the appellant was plaintiff and the respondent defendant was for
"(i) Declaration of customary title of ownership to a parcel of Iyiokpu land situate at Agulu, Awka the extent of which is shown on Plan No. PO/E223/72 and therein edged green;
(ii) 100 Pounds damages for trespass; and
(iiii) Perpetual injunction to restrain the defendant and her agents from further acts of trespass to the said land."
But in suit No. AA/113/72, the respondent as plaintiff claimed against the appellant as defendant:
"1. N2000.00 (1,000 Pounds) being general damages for trespass by the defendant to John Uzoka's compound land at Iyiokpu, Awka within jurisdiction, in the possession of the plaintiff;
2. Perpetual injunction restraining the defendant, his…