MISITURA OMODERE BOLAJI-YUSUFF, J.C.A.(Delivering the Leading Judgment): The respondent as the plaintiff instituted suit no. O/138/2005 in the High Court of Anambra State holden at Onitsha wherein he claimed the following reliefs against the appellant in his Further Amended Statement of claim filed on 9/7/07:
a. A declaration that the plaintiff is the person entitled to the said low density, Plot No. 24 Block 11 Site B, Site and Services Scheme Trans Nkisi Onitsha Anambra State.
b. N5, 000,000.00 (Five Million Naira) damages for trespass.
c. Perpetual injunction restraining the defendant, the agents, privies, cohorts and workmen from trespassing or further trespassing on the said low density Plot 24 Block 11 Site B, Site and Services Scheme Trans Nkisi Onitsha or in any other manner disturbing or interfering with the plaintiffs possession of the said land.
The respondents case is that he applied to the Federal Ministry of Works and Housing for allocation of land. Pursuant to his applicati…