NNAEMEKA-AGU, J.S.C. (Delivering the Leading Judgment): The two appellants as plaintiffs in the High Court of the former East Central State holden at Orlu brought an action against one Obioha Ume-Ohana claiming a declaration of title to land called Ala Elugwu, said to be situate at Osina, N2,000.00 damages for trespass to the said land, and an order of injunction restraining the defendant, his servants, agents or any person claiming through him from further trespass on the said land. The defendant was later substituted for the original defendant when the latter died.
Plaintiffs' case before the trial court was that they were owners of the land in dispute as delineated in Plan No. SE/EC/13/75 (Exh. A). They supported their case with the traditional history connecting the land in dispute and with various acts of possession and ownership. The defendant, they maintained, was from Akokwa. According to them, the traditional boundary between Osina and Akokwa was an Ekpe ditch, an ancient tr…