A. O. EJIWUNMI, J.S.C. (Delivering the Leading Judgment): The Appellants, as plaintiffs in the trial Court commenced this action against the Respondents, who were the Defendants. In that case the appellants at the Enugu High Court claimed against the respondents for:-
(i) A declaration to the Customary Right of Occupancy to a piece of land known as "Agu Ofia Amaeze" in the Awgu Local Government Area of Anambra State.
(ii) N50,000.00 being General damages for trespass; and
(iii) Perpetual Injunction restraining the defendants from committing further acts of trespass on the said piece of land.
After pleadings were filed and exchanged, the learned trial Judge, then heard the evidence for the parties to the action. For the appellants, five witnesses gave evidence in support of their claim. The respondents also called two witnesses. Some documents were also tendered in the course of the proceedings. At the conclusion of the trial, the learned trial Judge delivered a considered judgment a…