WOOD (MRS.), J.A:
The plaintiff respondent sued two persons, the 1st and 2nd Defendants/Appellant for:
(a) A declaration of title to a 20.6 acre land at Okwenya
(b) general damages for trespass and
(c) perpetual injunction restraining them from any further tresspassory acts.
The facts upon which he based his claim are quite simple. He alleged that as far in as 1962, he acquired the subject matter by purchase from the Narh Mati family, and followed it with a formal registration of the title deed in 1990. He claimed that he had remained in effective possession by constructing a swish building on the land, to house his caretaker who had carried out farming activities on the land.
He had however been compelled to institute the action in protection of his rights as a result of the various acts of trespasses committed by the two defendants. However, he totally abandoned the action against the 1st defendant, ex-husband of the 2nd defendant/appellant, and who had left the jurisdiction and is now re…