A. I. KATSINA-ALU, J.S.C. (Delivering the Leading Judgment): The plaintiffs in this action represent the 1st Nkakwu Family in Aturia quarter of Omor in Uzo-Uwani Local government area of the then Anambra State. The defendants represent Ero-Onyia Family in Ore-Nja quarter of Omor. In the action filed at the Nsukka High Court, the plaintiffs claimed declaration of title to the land shown in their survey plan MEC/2081/83 dated 1st September, 1983, damages for trespass and perpetual injunction to restrain further acts of trespass, By a judgment dated 15th June, 1990 the learned trial Judge Nweje J. granted the plaintiffs all the reliefs claimed by them. The defendants' appeal to the Court of Appeal was dismissed in a judgment delivered by that Court dated 8th June, 1992. The defendants have further appealed to this Court.
The facts of this case are simple and straight forward. The plaintiffs and the defendants are from Omor Town in the then Uzo-Uwani Local government Area of Anambra State…