Y. O. ADIO, JSC (Delivering the Leading Judgment): The claim of the respondent against the appellants in an action instituted in the High Court of Imo State of Nigeria, Oguta Judicial Division was for a declaration of statutory right of occupancy over a parcel of land known as "Oboro Ndowaram" situate at Umuekwe. Mgbidi. He also claimed the sum of ₦10.000.00 being damages for trespass and injunction.
The evidence led by the respondent was that one Ekwe, the great ancestor of the parties while living at Imeoha, Mgbidi. had six sons, namely, Ndebunwa (the ancestor of the defendants). Ochea, Maram, Ndowaram (ancestor of the plaintiff"). Oparaukwu and Iremgbidi. Ekwe's six sons and his brother Uzurumike crossed from Imeoha and occupied a vacant adjoining piece of land called Oboro and settled thereon. The land in dispute was one of the four portions of the land occupied by Ndowaram, the great ancestor of the respondent's family. He lived and farmed on them and, on his death, the land in …