A. FATAYI-WILLIAMS, J.S.C (Delivering the Leading Judgment): In the claim before the Onitsha High Court in suit No.0/55/63, the plaintiffs claimed against the 1st defendant (Okoludo Chibuzo) alone the sum of 600pounds as damages for trespass committed on the "plaintiffs piece and parcel of land known as and called Iguene situate at Nkwelle Ogidi. "They also asked the court for a "perpetual injunction to restrain the defendant, his servants and/or agents from further trespass on the said land."
After pleadings had been ordered and the plaintiffs had filed their statement of claim on 24th August, 1963, the second, third, fourth and fifth defendants successfully applied to the court on 5th November, 1963, for an order for them to be joined as defendants and also for all five of them to defend the action "for themselves and on behalf of the people of Ikenga Quarter of Ogidi Town in Onitsha Division." Paragraphs 2 and 3 of the affidavit sworn to by one Dennis Okocha in support of the appli…