DURU & ORS
V.
OKORO
ITA G. MBABA J.C.A.(Delivering the Leading Judgment): This is an appeal against the decision of the Customary Court of Appeal of Imo State in Appeal N0:CCA/OW/91/2008, delivered on 7/4/11, Coram: Hon Justice M.E. Njoku (Presiding), Hon. Justice A.B.C. Egu (president) and Hon. Justice C.U. Anwukah, wherein they affirmed the decision of the trial Customary Court in Suit NO.CC/SM/2649/97, giving judgment to the Respondent herein (who was Plaintiff at the Customary Court) and dismissing the counter-claim of the Defendants (Appellants herein).
The Respondent's claim at the trial Court was taken in a representative capacity, as follows:
(a) " A Declaration that the Plaintiffs who are resident natives of Umuapiti Isiebu Umuduru in Isiala Mbano Local Government area are entitled to the Customary Right of Occupancy to all that piece or parcel of land known as and called "ALA OKPOTU ULO UMUAPITI" lying, being and situate at Umuapiti, Isiebu, Umuduru in Isiala Mbano L.G.A. within the jurisdicti…