ISAIAH OLUFEMI AKEJU, J.C.A. (Delivering the Leading Judgment): The Respondent in this appeal was the plaintiff in suit No. O/117/2005 instituted at Onitsha Division of the High Court of Anambra State through the Writ of Summons filed with a Statement of Claim on 1/3/2005 for the following reliefs:
(a) Declaration that the plaintiff is the person entitled to the possession, use and occupation of the market stall No. OSP/MAJ/8, Ose Okwuodu Market, Onitsha.
(b) Recovery of possession of the said market stall.
The appellant who was the defendant filed a Statement of Defence and Counterclaim on 20/4/2005 denying the claim and sought the following as counterclaim;
(a) An order of declaration that the defendant is the bonafide owner user, occupier and possessor of market stall No. OSP/MAJ/8 (full) Ose Okwodu Market, Onitsha.
(b) One Million Naira (1,000,000.00) being damages for trespass.
(c) An injunction restraining the plaintiff, his agents, servants or any person claiming through him fr…