AYOOLA JSC (DELIVERING THE LEADING JUDGMENT): This is an appeal from the decision of the Court of Appeal (Ejiwunmi, JCA (as he then was), Tobi and Adamu, JJCA), dismissing the appeal of the appellants from a decision of the High Court of Anambra State whereby the appellants’ claim against the respondents for a declaration that they are “the rightful people” for the grant of customary right of occupancy to land coloured pink on a plan MEC/205/80, damages for trespass and injunction, was dismissed.
In the High Court, the appellants relied on traditional evidence and acts of ownership for their claim. They averred that the land which was part of a larger piece of land belonging to the plaintiffs, known as Mgbenu Awani Ire, and more particularly delineated and coloured blue on the plaintiffs’ Plan No. MEC/205/80 attached to the statement of claim was founded by their ancestor, Ire, and that by succession, it devolved on the community consisting of the 6 quarters representing his six child…