T. O. ELIAS, C.J.N. (Delivering the Leading Judgment): This is an appeal from the judgment of H U. Kaine, J., at the High Court, Onitsha, delivered on May 11, 1964, in which the plaintiff's claim was for the sum of 100pounds being damages caused by the defendant by obstructing the plaintiff's access way, an injunction to restrain the defendant his servants and agents from building on the said access way and also an order of the court for the defendant to remove the foundation of his proposed building from the access way.
The learned trial Judge found that the action had been brought by the plaintiff and her husband, that the husband died while the action was pending, and that it was grounded in nuisance. He also found that the plaintiff's complaint was that the land over which they had an access way for the past thirty five years was bought and paid for outright from the Mgbelekeke family and that it had just been occupied by the defendant who had thereby blocked the access way. The l…