NNAEMEKA-AGU, J.S.C. (Delivering the Leading Judgment): This is an appeal by the plaintiffs against the judgment of the Court of Appeal, Enugu Division. That court had allowed an appeal by the defendants against the judgment of Wai Ogosu, J., sitting in a Portharcourt High Court.
The claim before the High Court was for the following reliefs:
"(1) A declaration that they, as persons adjudged in 2 Oloibiri native court suits nos. 17/58 and 18/58 owners and/or owners in possession of the land known as "EDUMATO-EMENI" alias "EDUMANYO", are entitled to
(a) all monies due from and payable by 2nd defendants as compensation for 2nd defendant's user, structures, loss of fishing rights and/or occupation of, and their operations on and/or in EDUMATO-EMENI land aforesaid; and
(b) All monies and/or sums due from and payable by the 2nd defendant in respect of plaintiff's communally owned economic trees growing on the said land which were destroyed by the 2nd defendants.
(2) An order that the sum…