AMIRU SANUSI, J.C.A. (Delivering the Leading Judgment): At the Anambra State High Court (hereinafter referred to as "the lower court"), the three respondents as plaintiffs suing in representative capacity instituted an action against the appellant as defendant thereat, also in representative capacity, claiming declaration of customary right of occupancy over a parcel of land called AGBO (Amadim). They also claimed N2,000.00 damages for trespass and perpetual injunction.
The facts which gave rise to this appeal are simply thus: The plaintiffs/respondents and the people they represent are members of AMADIM village in Achalla whereas the named defendant and some unnamed persons he represent are members of the UMUEZEDE VILLAGE in Achalla. Sometimes in 1958, the Umuezede people in Suit No. 0/111/58 instituted an action against the Amadim people claiming title for parcels of land which they (the Umuezede people) called IRUAGU, OKEOKWE and AMAJANA. Judgment was given in (Umuezede people) fav…