AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A.(Delivering the Leading Judgment): The appeal is against the judgment delivered on 27/5/2003, by the Customary Court of Appeal of Imo State, coram (Hon. Justice C.M. Nkwoada (President), Hon. Justice M.M. Akuneme (Presiding) and Hon. Justice J. Obasi) and hereafter to be simply referred to as “the lower Court”.
The instant case was commenced before the Customary Court of Aboh Mbaise L.G.A. (hereafter to be simply referred to as “the trial customary Court”), by one Ignatius Utonwa Echeninias the Plaintiff and against the Respondents as Defendants. The claims of the Plaintiff against the Respondents were for: -
“(a) Declaration of customary right of occupancy to the piece or parcel of land know as and called “AMA UMUOKPO” situate at Umuokpo Oboama Enyiogugu in Aboh Mbaise.
(b) N500.00 (five hundred Naira) being general damages for trespass.
(c) Injunction restraining the Defendants, their servants, agents and or workers from further trespass to the land.…