OGEBE, J.C.A. (Delivering the Leading Judgment): The appellants sued the respondents in Suit No. HOW/119/75 claiming title to pieces of land called "Ubugagu Ishi Nwadorogu"; N800 general damages for trespass to the said land and an injunction restraining the defendants or their agents from further trespass from the said land.
There were originally 7 defendants to the action. In the course of the trial of the suit before the Owerri High Court, the 1st, 3rd, 6th and 7th defendants died but were not substituted. Both sides fought the action in their representative capacities. There are only 3 surviving respondents in the present appeal.
Issues were joined between the parties and the appellants filed an amended statement of claim. Both sides gave evidence in support of their cases. The appellants' case was based on traditional evidence that their ancestor Ehihie was the original founder of the land, which devolved on them.
The respondents called the disputed land Egbulu and testified tha…