MUHAMMED LAWAL SHUAIBU, J.C.A. (Delivering the Leading Judgment): What calls for decision in this appeal is whether the Rules of Joint Tenancy and Jus Accrescendi would apply to confer possession of the plot in dispute to the 1st plaintiff (now appellant) on account of being custodian of the undivided Estate. And whether oath taking confer title to the land on the defendants (now respondents).
The plaintiffs had on the 4th day of August, 2011 in the Nsukka Judicial Division of the High Court of Enugu State of Nigeria instituted an action against the Defendants Jointly and severally claiming as follows: -
1. A Declaration that the Defendants have trespassed on the plaintiffs land.
2. An Order compelling the Defendants to vacate the land.
3. An Interlocutory injunction ordering injunction the parties to refrain from the Res until the substantive suit is determined.
4. Payment to the plaintiffs by the Defendants of a sum of Two Million Naira (N2, 000, 000.00) as General Damages.
5. A payment t…