UWANI MUSA ABBA AJI, J.C.A. (PJ) (Delivering the Leading Judgment): This is an Appeal against the judgment of Honourable Justice Obisike Oji of the High Court of Abia State sitting at Umuahia, delivered on the 9th day of March, 2005 in Suit No. HU/12/2001; wherein Judgment was entered in favour of the Plaintiff/Respondent.
The Respondent, as Plaintiff at the trial Court, filed an action seeking the following reliefs against the Defendant now Appellant; namely:
(1) "A Declaration that the Plaintiff is entitled to the Statutory Right of Occupancy of the parcel of land whereon his father's house and hedge fencing were built and erected in 1954.
(2) The sum of N110,000.00 (One Hundred and Ten Thousand Naira) being:-
(a) General Damages of N100,000.00 (One Hundred Thousand Naira only) and
(b) Special Damages of N10,000.00 (Ten Thousand Naira) for trespass and malicious destruction of parts of the fence around the land in question, and
(3) Perpetual Injunction restraining the Defendant by h…