UBAEZONU, JCA (Delivering the Lead Judgment): The appellant sued the 1st respondent in respect of a piece of land situate at Nkpor in Anambra State within the Onitsha Judicial Division. The 1st respondent purchased the land from the 2nd respondent. In consequence, the 2nd respondent applied to be joined as a defendant in the suit. He was duly joined.
The first part of the claim was originally for “a declaration of title, that is to say, the said land is a family land of Uzoegwu family.” This part of the claim was subsequently amended by an amended statement of claim. The amended statement of claim on which the case was fought in the lower court as set out at page 85 of the record is as follows:
“(i) A declaration of title, that is to say, that the said land is a family land of Uzoegwu family now allocated to the plaintiff by the said family.
(ii) The sum of N2,000.00 damages for trespass.
(iii) Setting aside or declaring void any purported sale of the land by the second defendant to th…