MOJEED ADEKUNLE OWOADE, J.C.A.(Delivering the Leading Judgment): This is an appeal against judgment of S. O. E. Nwanosike. J., delivered on 19/04/2007 in the High Court of Abia State sitting at Umuahia.
The appellants as plaintiff's before the lower court filed a Writ of Summons on 4/5/92 against the defendant which was followed up by a Statement of Claim filed on 13/7/92 wherein the appellants as plaintiffs claimed against the defendant as follows:
(a) A declaration of this Honourable Court that the plaintiffs are entitled to the right of occupancy and possession of the said No. 19, Abiriba Street, Umuahia, also known as plot 6, in Block 1, Umuahia within the jurisdiction of this Honourable Court.
(b) An account by the defendant to the plaintiffs all the rents he has collected from the premises since 1970 until date
(c) An order of court restraining the defendant from further collection of rents from or interfering and/or intermeddling with the said No. 19, Abiriba Street, Umuahia.
(…