UBAEZONU, J.C.A. (Delivering the Leading Judgment): The appellants sued the respondents at the Anambra State High Court in Amawbia/Awka Judicial Division claiming as follows:
1. Declaration that the plaintiffs in possession are entitled to customary rights of occupancy in respect of the "Ofia Owele" land.
2. Perpetual injunction to restrain the defendants from further trespassing on the said land.
3. One hundred naira damages for trespass.
Upon service of the writ on them the defendants/respondents filed a motion to strike out the suit on the ground that the suit constitutes an abuse of the process of the court. Learned counsel for the respondents duly moved the motion which suffered a number of adjournments for counsel for the appellants to reply. When on 1/7/97 learned counsel for the appellants was absent in court due to his engagement in another court, the learned trial Judge of the lower court struck out the suit for want of diligent prosecution. It is against that order of strik…