JOHN INYANG OKORO, J.C.A. (Delivering the Leading Judgment): This is an appeal against of the High Court of Abia State sitting at Ohafia in Suit No. HOH/1/81, delivered on 4th December, 2000 by I. F. Ogbuagu, J (as he then was), wherein the learned trial Judge dismissed the claim of the Appellant who were Plaintiffs at the court below. A synopsis of the facts of this case will suffice.
This case has a chequered history. It was commenced in 1981, about 31 years ago. As would be expected, it passed through many Judges and both parties amended their pleadings several times. The claim of the Appellants (as plaintiffs) was for declaration of title to a piece of land called "ORONTA" in Atani village, Arochukwu. Justice Elumankama commenced hearing sometime in 1987. The Appellants and their witnesses gave evidence relying on traditional history to prove their title to the disputed land. This was after two other judges i.e. Justices C. M. C. Abengowe and M. O. Maranzu had dealt with all preli…