ITA GEORGE MBABA, J.C.A.(Delivering the Leading Judgment): Appellants filed this Appeal against the decision of the Abia State High Court in Suit No. HU/122/2010, delivered on 19/2/2013 by Hon. Justice A.U. Kalu, wherein the Learned Trial Judge gave judgment to the Claimant (now Respondent).
The Claim at the Lower Court was for:
(a) A declaration that the Claimant is entitled to the Statutory right of Occupancy of the piece or parcel of land traditionally known as and called Mgbegwu Ukwugyara being and situate at Umuana Ndume Ibeku, Umuahia North LGA of Abia State, within the jurisdiction of the Court.
(b) N1,000,000.00 (One Million Naira), being general damages for trespass on the said land by the Defendants.
(c) Injunction permanently restraining the Defendants, their privies, servants, agents and or workers from entering into the land in dispute and or in any manner whatsoever interfering with the Claimants enjoyment of the said land.
At the end of the pleadings, and consideration of th…