OGBUAGU JCA (Delivering the Lead Judgment): The appellant as the plaintiff in the trial lower court, in paragraph 19 of his statement of claim, claimed from the defendant now respondent, as follows:
“(a) An order of the court setting aside the purported deed of assignment as same is illegal, void and of no effect ab initio.
A declaration that the plaintiff is the lawful owner of the plot of land in dispute.
A perpetual injunction restraining the defendant, his agent, servants and purported assigns, from laying any claim over or committing further acts of trespass on the said plot of land. Special and general damages for trespass and destruction of the land in dispute. Cost of this suit.
Further or other relief.”
The respondent filed a statement of defence wherein, he counter- claimed from the appellant.
After the trial, the learned trial Judge, dismissed both the appellant’s claims and the respondent’s counter-claim. He however, declared and ordered that the respondent is the lawful own…