A. O. OBASEKI, J.S.C (Delivering the Leading Judgment): The proceedings from which this appeal arose were commenced in the Enugu Judicial Division of the High Court of the East Central State now High Court of Anambra State on 31st December, 1971.
In that Court, the claim, in its final amended form as set out in paragraph 16 of the Statement of Claim, was for
(1) A declaration that the piece or parcel of land known as and called Achara Ukwu which is situate at Awkunanaw in this Judicial Division and verged pink in plan No. E/GA 140/72 is the communal property of the plaintiffs and the defendants.
(2) Perpetual Injunction to restrain the defendants, their agents and assignees from disposing of any portion of the said land either by sale, lease, mortgage or in any other manner without the written consent of the plaintiffs.
Pleadings were ordered and duly delivered, and after hearing evidence, the High Court (Phil Ebosie, J .) delivered a considered judgement in which he reviewed the evi…