MASSOUD ABDULRAHMAN OREDOLA, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Abia State, sitting at Aba delivered by Hon. Justice Ijeoma Offonry, J., (hereinafter referred to as the lower Court and learned trial judge, respectively), on the 24th day of March, 2005.
The suit wherein this appeal emanated from, was initiated by the plaintiff/appellant (hereinafter referred to as the appellant) vide a writ of summons dated the 18th day of April, 1997 and filed on the 21st day of April, 1997. Therein, the appellant sought in his statement of claim at paragraph 20 thereof for the following reliefs:
(1) N2 Million damages (Two Million Naira) only for trespass to the piece of land situate at No. 1 Eziama High School Road, Eziama in the Aba North Local Government Area.
(2) Perpetual Injunction restraining the defendant by himself, his agents and/or servants or privies from further trespass to the said land.
In his bid to prove his case, the appe…