C. IDIGBE, J.S.C. (Delivering the Leading Judgment): In this action which was commenced in the Grade 'A' Customary Court of Oru-Oguta/Awa-Izombe in the former Eastern Nigeria and later transferred, for hearing and determination by the District Officer, Owerri, to the High Court of the former Eastern Nigeria, holden at Owerri (and therein registered as Suit No. HOW/130/63) the appellants herein, as plaintiffs, claim from the respondents herein, as defendants:
"(1) a declaration of title to the communal pieces of land known and called Okpobi-Ochie and Ugada with the water ponds, Amai-Igbugbu and Agbo;
(2) an injunction to restrain the defendant, his hair, agents, servants, etc from further acts of encroachment and/or trespass on the disputed area".
Pursuant to the order of the High Court, pleadings were duly filed and exchanged on both sides and after several adjournments hearing eventually commenced before Ikpeazu, J. who in his judgment of the 12th day of March 1973, dismissed the cla…