NNAEMEKA-AGU, J.S.C. (Delivering the Leading Judgment): This appeal, in the final analysis, raises one main issue, to wit: whether in view of those findings of fact by the court of trial which were confirmed or not reversed by the Court of Appeal, the latter Court was right to have reversed the decision of the High Court and ordered a retrial.
The facts from which this major issue has arisen are straight-forward. The Plaintiffs for themselves and on behalf of Umuezeanozie family, Umuezemere, Umuchu, claimed against the Defendants personally as follows:
"(a) Declaration of title of ownership of all that piece or parcel of land known as and called "Ala Umuezeanozie land" situate at Umuezemere village Umuchu valued at #10 per annum and to be more clearly shown and delineated on a plan to be produced at the hearing of this claim.
(b) #200 damages for trespass committed by the Defendants on the said land.
(c) A perpetual injunction restraining the Defendants their servants and/or agents fr…