ORJI-ABADUA JCA (Delivering the Lead Judgment): By an amended statement of claim filed on 9 October 2009, the respondent herein, who was the claimant at the lower court, sought against the appellant and the 2nd defendant at the lower court as follows: “1. A declaration that he is entitled to the right of occupancy in and over the land in dispute shown on plan No. VEI/RV005/ 2005 LD.
N10,000,000.00 (ten million naira) damages for trespass.
An order of perpetual injunction, restraining the defendants and their agents and representatives from further interfering with his right of occupancy over the land in dispute.”
The 1st defendant, that is, the appellant herein, filed her statement of defence and counterclaim against the plaintiff seeking the following: “(1) A declaration of title to the land.
(2) Perpetual injunction restraining the plaintiff, his agents, privies, servants etc, from interfering with her use and enjoyment of the land.” At the trial court, both the plaintiff and the defe…