MOHAMMED, JSC (Delivering the Leading Judgment): The plaintiffs sued the defendants at the Awka High Court, now in Anambra State, for a declaration of title to a piece of land under native law and custom. They also claimed damages for trespass and injunction.
The trial was opened on 23rd January, 1979, and at the close of the proceedings the learned trial Judge, Umezinwa, J, in a well considered judgment, found in favour of the plaintiffs against the defendants jointly and severally as follows:-
"(1) A declaration that the plaintiffs are the holders of the customary certificate of occupancy of the piece and parcel of land as shown verged Yellow in Plan No. EC401/73 within which is the area verged Pink and Purple, admitted in evidence in this proceeding as Exhibit 'A'.
(2) Perpetual injunction restraining the defendants, their servants or agents from further acts of trespass on the said land. The claim for ₦200.00 damages for trespass is dismissed."
Dissatisfied with the judgment of th…