PATRICIA AJUMA MAHMOUD, J.C.A. (Delivering the Leading Judgment): The plaintiff/respondent in the Court below sued the defendant/appellant and claimed as follows:
a. A declaration that the plaintiff is the person entitled to the statutory right of occupancy of the piece and parcel of land known as and called “Agu Ezi Olula” situated at Nkutaku Village, Agulu in Anaocha Local Government Area within jurisdiction. Annual rent is N50.00 (Fifty Naira).
b. N10,000.00 (Ten Thousand Naira) damages for trespass.
c. Perpetual injunction restraining the defendant, his servants and agents from interfering with the plaintiff’s use and occupation or possession of the said land except with the consent of the plaintiff first obtained.
The plaintiff Raphael Ukoh died in the course of the trial and was substituted by his brother Paul Ukoh. In proof of his case the plaintiff testified in his own behalf, called two other witnesses and tendered three exhibits marked as Exhibits A, B and C.
The defendant …