This is a land matter. In the court of first instance-the Owerri Judicial Division of the Imo State High Court-the plaintiff now appellant sued the defendants now respondents jointly and severally claiming as follows:

Pleadings were ordered, duly filed and delivered on both sides.

The case was part heard before Abengowe J. and was started de novo by Chianakwalam, J. who completed it and delivered judgment on the 29th October 1980 awarding the plaintiff.

The plaintiffs claim of (N200) general damages for trespass was dismissed.

The defendants appealed against the above judgment of Chianakwalam, J. to the Court of Appeal Enugu Division. Three grounds of appeal were filed. During the argument in the court below two grounds were abandoned. The only ground argued was ground 3, Want of Fair Hearing. The defendants' appeal was allowed on the ground and a retrial ordered. The plaintiff has now appealed to this court against this judgment of the Court of Appeal, Enugu Division.