BA’ABA, JCA: (Delivering the Lead Judgment) This is an appeal against the judgment of the High Court, Asaba, in Suit No. A/9/86, brought by the defendant, who is now the appellant. The plaintiffs, who are now the respondents, initially instituted this action against one Edwin .O. Okonkwo, now deceased, and the appellant and claimed as per paragraph 17 of their joint statement of claim as follows:-
“17(i) Declaration that the plaintiffs are entitled to statutory certificate of occupancy in respect of a piece of land being and situate and lying on the Okpanam/Asaba Road, in Asaba, Urban and shown verged pink on Survey Plan No. VLD/BDI/90. (ii) Recovery of the said land from which the defendants have ejected the plaintiffs since about three years ago.
(iii) Perpetual injunction restraining the defendants, their agents , servants, workmen, heirs and successors and persons claiming through them from any or further or interference over the plaintiffs’ enjoyment of the said land.”
Pleadings w…