MICHAEL EYARUOMA AKPIROROH, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Imo State sitting at Nkwene/Isu delivered on 15th August, 1996.
The plaintiffs' claim in the lower court are as follows:
"(a) A declaration that the defendants are not descendants of NCHOKE the founder of the Umuchoke community of Dikenafai in the Ideato Local Government Area of Imo State and as such that the defendants are not members of the Umuchoke Community aforesaid.
(b) A declaration that all those pieces and parcels of land known as and called "ALA ISIOBI AKUSOBI", "ALA ISIOBI AMAECHI" and "ALA NGBALA ONYEWUCHI" form part of larger pieces and parcels of land all lying and situate at Ndiabo Umuchoke Dikenafai in the Ideato Local Government Area of Imo state over which members of the plaintiffs Ndiabo Umuchoke are entitled to customary right of occupancy to the exclusion of the defendants.
(c) Injunction perpetually restraining the defendants by themse…