This is an appeal against the judgment of the Court of Appeal, Port Harcourt Division delivered on the 17th of January 2001 in Appeal No. CA/PH/202.96: Mark A. Iroagbara (for himself and on behalf of Iroagbara Family) and David Ufomadu. The Court of Appeal Port Harcourt thereinafter referred to as the Court below) had dismissed the appeal brought by the Appellant against the judgment of the High Court of Justice, Umuahia Judicial Division of the then Imo State where he (the Appellant) was the Plaintiff in Suit No. HU/14/77: Mark A. Iroagbara and David Ufomadu (the Defendant). The Plaintiff/Appellant had claimed against the Defendant/Respondent in the trial Court the following reliefs:

Perpetual Injunction restraining the Defendant, his servants, agents and/or workmen from further entry' or interference in any manner whatsoever upon the land in dispute." Pleadings were filed and exchanged between the parties. Evidence was called at the trial Court by the parties to prove the averments in their respective pleadings. After taking the final addresses of Counsel to the parties, and in a reserved judgment delivered on the 16th of March 1990, the learned trial Judge dismissed the suit, in toto. Being dissatisfied with the said judgment, the Plaintiff appealed to the Court below which, after taking the oral submissions of their respective Counsel and upon reading the respective briefs of the parties filed in the Registry of the Court below, in a reserved judgment delivered, as I have said, on the 17th of January 2001, dismissed the appeal with cost. Again, being dissatisfied with the judgment of the Court below, the Appellant has appealed to this Court.