HARUNA SIMON TSAMMANI, J.C.A: (Delivering the Leading Judgment) This Appeal is against the judgment of the Customary Court of Appeal, Abia State delivered on the 13th day of January, 2005, where in it dismissed the Appellants' appeal against the majority judgment of the Customary Court, Ajayi delivered on the 4th day of October, 1999.
The Appellants as Plaintiffs before the Customary Court, Alayi had sued the Respondents who were defendants in respect of a piece of land which they called "Amandi Land" situate at Amakpo Igbere in Bende Local Government Area of Abia State. Before the Alayi Customary Court, the Appellants as Plaintiffs sought for three reliefs as follows:
(a) N2,000.00 general damages for trespass.
(b) Forfeiture of the portion of the land in dispute verged green in Plan No. EC/211/73.
(c) A perpetual injunction restraining the Defendants from further entry into the land.
The Appellants' claim before the trial Customary Court is that, the land which they call Amandi land…