MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of S.A. Okoroafor J. in consolidated Suit No. HME/37/82 and HME/66/82 delivered on 15/5/90.
The land dispute between the people of Umukara of Izinomi Uboma and the Umuchiaku of Lowa Uboma had been on before the Nigerian Civil War which took place between 1966 - 1970.
The various existing actions by the Umukara culminated into Suit No. HME/37/82, where the people of Umukara sued the Umuchiaku over a long stretch of land containing a Northern and Southern portion or two pieces of land separated by the Dimeke stream known as "ALA ISIORIE UMUKARA" and "ALA OCHA or ALA OCHA UMUKARA"
The relevant pleadings for Suit No. HME/37/82 are the further Amended Statement of Claim dated 14/11/1983 and filed on 18/11/1983 and the Amended Statement of Defence dated 29/11/77 and filed on 4/2/77.
The Umuchiaku people by Suit No. HME/66/82 also claimed for declaration trespass and injunction from the U…