JOSEPH OLUBUNMI KAYODE OYEWOLE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Enugu State, Enugu Judicial Division, holden at Enugu, delivered on the 27th March, 2013 by EMEHELU, J. (as he then was).
The parties had a common progenitor in Agu Nwanevo of Atakwu Village in Akwuke, Awkunanaw, Enugu Local Government Area of Enugu State who was their grandfather and original owner of the land in dispute. The dispute culminated in the Appellant taking out a writ of summons against the father of the Respondent now deceased wherein he sought the following reliefs:
(1) A declaration that the plaintiff is entitled to the statutory right of occupancy over all that piece or parcel of land situate in Ugwuagu’s compound and called Ani Ugwuagu in Akwuke, Awkunanaw, Enugu Local Government Area more particularly delineated and verged red in survey plan no. CUO/AN D10/90 dated 28/2/91.
(2) N500.00 damages for trespass.
(3) Perpetual injunction restrai…