KUTIGI, J.S.C.(Delivering the Leading Judgment): At the Nnewi High Court, the appellants were plaintiffs in Suit No. HN/3/79 and the defendants in Suit No. HN/5/79 which suits were consolidated and heard by Olike J.
The appellants as plaintiffs in suitNo. HN/5/79 sued the defendants claiming:-
(i) ₦1,000.00 damages for trespass, and
(ii) Perpetual injunction restraining the defendants and their agents from further trespass on the said land.
The defendants rather than joining issues with the appellants instituted a separate action in HN/5/79 claiming against them:-
(a) ₦50,000.00 damages for trespass;
(b) Injunction; and
(c) customary right of occupancy over the land in dispute.
The High Court on being satisfied that the parties in the suits are the same, that there was a common question of law and fact and that it was convenient to dispose of the suits together, consolidated them. The plaintiffs in HN/3/79 which was the first m time were made plaintiffs and the plaintiffs in HN/5/79…