AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A.(Delivering the Leading Judgment): The appeal is against the judgment delivered on 2/3/2006 by the High Court of Imo State holden at Owerri presided over by Hon. Justice A.O.H. Ukachukwu (hereafter to be simply referred to as the lower Court and learned trial Judge respectively).
The case was commenced by the Appellant as plaintiff by a writ of summons filed on 14/2/2002. The said writ issued on the same date. The Appellant filed a statement of claim dated 14/2/2002 in the case on 18/3/2002. The claims of the Appellant against the Defendants before the lower Court (now Respondents) as contained in paragraph 15 of the process are as follows: -
1. A declaration that the plaintiff has not divested himself of his property registered as No. 75 at page 75 in volume 255 of the Lands Registry at Owerri.
2. Perpetual injunction restraining the Defendants from interfering in any manner with the plaintiffs ownership and possession of the said property.
3. An orde…