ONU, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Enugu Division dated the 23rd day of January, 1992. William Akunyili as plaintiff later upon his demise (substituted by Chudi Akunyili upon the latter's application) had on the 9th day of June, 1972 by his writ of summons, for himself and on behalf of Akunyili family, Nkitaku Agu in the High Court of Anambra State sued the defendants, herein respondents, for themselves and on behalf of Ogbata family of Okpu village, Agulu for:-
"(a) Declaration of title to all that piece/parcel of land the annual value of which is estimated at 10 situate at Nkitaku village, Agulu in Njikoka division (now Ugo Agulu division known as and called "Nwagu be Asegheobele")
(b) 100 damages for trespass in that sometime in 1968 within the period of the civil war and thereafter continuing, the defendants without leave and licence of the plaintiff broke and erected upon the said piece or parcel of land a…