RITA NOSAKHARE PEMU, J.C.A.(Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Anambra State Holden at Otuocha in suit no HID/52/2007 delivered on the 12th day of December 2012.
In it, the lower Court dismissed the claim of the plaintiffs and granted the Defendants counterclaim in part Pages 266 276 of the Record of Appeal.
SYNOPSIS OF FACTS
The suit, the subject matter of this Appeal was initiated vide Writ of Summons dated 25th of May 2007 and filed on the 27th of May 2007 Pages 1 3 of the Record of Appeal.
In paragraph 15 of the statement of claim filed on the 27th of May 2007, the Plaintiffs (Appellants in this Appeal) claim against the defendants jointly and severally as follows:
a) Declaration that they are entitled to the statutory right of occupancy over Ana Ephraim Onwualu in dispute verged pink in Plan No. MES.LD08/2007.
b) 1,000,000.00 (One Million Naira) general damages for trespass.
c) Perpetual injunction restraining the defendants, th…