KALGO, J.S.C. (Delivering the Leading Judgment): By a writ of summons issued out on the 22/12/75 in the High Court of the then East Central State of Nigeria at Onitsha, the appellant as plaintiff claimed against the defendants as per amended statement of claim, the following reliefs:
"(a) A declaration that the defendant is not entitled to build on No. 8 Old Market Road,Onitsha, which forms part of the estate of late E. Egerton Williams, the plaintiff's father. Plaintiff, as against the defendant is entitled to the possession of the property known as No. 8 Old Market Road, Onitsha, as one of the beneficiaries/successors in title to his father E. Egerton Williams.
(b) An injunction to restrain the defendant, his servants and/or agents from entering into No.8 Old Market Road and /or in any way interfering with the plaintiff's right to the said property.
(c) General damages in the sum of N50,000.00(Fifty thousand Naira) only".
It is at this stage pertinent to observe that the original …