A. I. IGUH, J.S.C. (Delivering the Leading Judgment): In the Owerri Judicial Division of the High Court of the former Imo State of the Federal Republic of Nigeria, the plaintiff, who is now the appellant, for himself and as representing the Umuewere family instituted an action against the respondents, who therein were the defendants, for themselves and as representing the Umuga family of Otulu, Ahiara in Imo State, excluding the Umuewere family, claiming jointly and severally as follows:-
"1. N5,000.00 (Five Thousand Naira) being special and general damages for trespass to the piece or parcel of land known as and called" ALA ISIAHIA EWERE" situate at Otulu Ahia in the Owerri Judicial Division which has been in the peaceable possession of the plaintiff from time immemorial.
2. An injunction restraining the Defendants their servants and or agents from further acts of trespass to the said land."
Pleadings were ordered in the suit and were duly settled, filed and exchanged. The parties, …