U. A. KALGO, J.S.C (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, Enugu Division in which it dismissed the appeal of the appellant and held that the decision of the trial court was interlocutory. The only issue to be, determined by this court in this appeal is whether the decision of the trial court was final or interlocutory.
The appellants who were the plaintiffs in the action, filed 2 separate actions in Awka High Court of Anambra State in suit Nos. AA/36/87 and AA/65/88, against the defendants/respondents. In AA/36/87. filed on 6-4-87 there were 7 defendants and in AA/65/88 filed on 3-5-88. were 9 defendants. The 1st seven defendants in AA/ 65/88 were exactly the same persons as those in AA/36/87. And the claim against the defendants in both suits was exactly the same to wit:-
(1) Declaration that the plaintiffs in possession are entitled to customary right of occupancy in respect of "Ofia Owele" land;
(2) Injunction to restrain t…