ISAIAH OLUFEMI AKEJU, J.C.A. (Delivering the leading Judgment):
This appeal is against the judgment of the High Court of Anambra State Awka Judicial Division delivered on 2/3/09 in respect of suit No. A/180/2004 instituted by the appellants as plaintiffs for the reliefs averred in paragraph l9 of the Statement of Claim filed on 28/7/07 as follows:-
(a) A declaration that subject to the provisions of the Land Use Act 1978, the land in dispute known as "Agu Obuno land" is the joint communal property of the plaintiffs and the defendants and the rental value of which is N200.00.
(b) An order that the said land be partitioned into two equal parts between the parties hereto.
The respondents as the defendants filed their Statement of Defence which they subsequently amended as in the Amended Statement of Defence filed on 19/7/07. At the trial, each of the parties called one witness and after the adoption of the written addresses by the two learned Counsel, the trial court dismissed the suit, …