IKONGBEH, J.C.A. (Delivering the Leading Judgment): The appellants before us were the plaintiffs before the Customary Court of Ukwa Local Government Area of Abia State. The respondents herein were the defendants. Before that court solicitors on the plaintiff's behalf had filed Particulars of Claim, averring and claiming against the defendants as follows:
"1.The plaintiffs are natives of and resident in Olo Gor family in Owazar in Ukwa Local Government Area within the jurisdiction of this Honourable Court.
2. The defendants are natives of and resident at Umungede family in Owazar in the Ukwa Local Government Area also within the jurisdiction.
3. The plaintiffs who brought this action in a representative capacity claim from the defendants who are sued for themselves and as representing members of the Umungede family as follows:
(i) A declaration that the plaintiffs are entitled to the customary right of occupancy in and over that piece of land known as and called Egbelu Ulogor situa…