SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of I. A. Umezulike (OFR) Chief Judge of Enugu State delivered on 5th day of July, 2006.
The Brief fact of the case is as follows:-
The Respondents as Plaintiffs in the lower Court instituted an action by way of Writ of Summons dated 3rd June 2002 claiming from the appellants as defendants:-
(1) Declaration that the plaintiffs are entitled to Customary/Statutory Rights of Occupancy over the pieces or parcels of land known as "NGENE UKWA" and or "AGU UWANI" Land situate at Akwuke in Enugu South Local Government Area of Enugu State.
(2) N100,000,000 (One hundred Million Naira damages for trespass.
(3) Injunction restraining the defendants, their servants, Agents and/or privies from any act of trespass on the pieces or parcels of land known as "Ngene Ukwa" and "Agu Uwani" situate at Akwuke in Enugu South Local Government Area of Enugu State.
Pleadings were subsequently ordered, filed …