JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of an Onitsha High Court in Anambra State of Nigeria delivered on the 27th day of April 2005 in Suit No:-0/23/81: Michael Nwadialo and Others AND Michael Osu and others.
By paragraph 20 of the Plaintiffs second further amended statement of claim, the Plaintiffs now Respondents/Cross Appellants claimed against the Defendants now Appellants/Cross Respondents jointly and severally as follows:-
"(i) Declaration that the defendants have forefeited their customary tenancy of Aguasi and Anisise parcels of land verged yellow and violet respectively in the Plan NO.AGLS/AN 9/94.
(ii) N40.00 being arrears of rent for Aguasi and Anisise parcels of land for the years 1976 and 1977.
(iii) N50,000 damages for trespass
(iv) An order of Injunction restraining the Defendants, their servants and agents and any person claiming through them from entering or remaining on the plaintiff's Aguasi, Anisise, …