UWANI MUSA ABBA-AJI, (PJ) J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Customary Court of Appeal, Imo State in appeal No.CCA/OW/A/36/2005 wherein judgment was delivered on the 22nd day of February, 2007 in favour of the Respondent.
The original Plaintiffs in this matter commenced this action for themselves and on behalf of Umuokorie family in Umuezuta, Umuokanne Ohaji at the Customary Court, Ohaji District Holden at Umuapu against the Appellants who were the Defendants on 6/12/1994 claiming the following reliefs:
1. Declaration of Customary Right of Occupancy over the piece or parcel of land known as and called 'ALA OKPO OGBU OZU OKORIE' situated along Uzo Nwaudi Umuezuta Umuokanne farm Road.
2. Perpetual Injunction restraining the Appellants, their privies, children, agents and assigns from further acts of trespass on the said land again.
3. N5000.00 (Five Thousand Naira only) being General Damages for trespass and economic trees damaged on …