ADZIRA GANA MSHELIA, J.C.A. (Delivering the Leading Judgment): By a writ of summons dated 28th day of September 2004 the plaintiff now respondent commenced an action at High Court Enugu State against the defendant now appellant claiming the following:-
a) A Declaration that the plaintiff is the owner and exclusive holder of the deemed statutory rights of occupancy over and in respect of ALL THAT piece or parcel of land (with the features thereon) verged green and the dispute area thereto shown verged RED in the dispute survey Plan ND: HT/D019/2005 dated 6/9/05 hereto annexed.
b) N5,000,000.00 Damages for trespass and Perpetual injunction restraining the defendants by themselves, servants, workmen, Agents or privies from continuing acts of trespass into the said land in dispute of the plaintiff.
On 20-10-2005 plaintiff filed his 18 paragraph statement of claim. The defendants in response filed their 18 paragraph statement of defence on 31st day of March 2006. On 05-06-2006 the plaintif…