M. E. OGUNDARE, J.S.C. (Delivering the Leading Judgment): This appeal is from the judgment of the Court of Appeal (Enugu Division) given on the 30th day of June 1987 wherein the appeal of the Appellants to that Court was dismissed.
The Appellants are Plaintiffs in Suit No. HEK/6/75 and they sued the Defendants for a declaration of title to a piece of land known as Afaha Ubium land situate in Eket Division, one thousand four hundred Naira (N1,400.00) damages for trespass allegedly committed by the Respondents, as Defendants in that suit, in December 1966 and a perpetual injunction restraining the latter, their people etc from committing further acts of trespass on the said land. The Respondents on their part also instituted suit No. HEK/10/75 in the District Court Grade A against the Appellants claiming also a declaration that they "are the titular owners" of the piece or parcel of land set out, described and otherwise delineated in their plan ESA/656(LD) drawn by Mr. E.S. Akpan and da…