OGEBE JCA (Delivering the Lead Judgment): The respondents in a representative capacity sued the appellants also in a representative capacity in the Onitsha High Court claiming in their amended statement of claim as follows: “(a) Declaration that the piece or parcel of land known as and called “Umuru” land situate in Obosi (within jurisdiction) is, subject to the Land Use Act, 1978, the communal/family property of the entire Umuabua family of Obosi.
Recovery of possession of the aforesaid piece or parcel of land from the defendants. Perpetual injunction restraining the defendants, themselves, their servants, agents or privies from excludingthe plaintiffs from possession and enjoyment of the said piece or parcel of land and/or from, in any manner whatsoever dealingwith the said piece or parcel of land in any way inconsistent with the plaintiffs’ communal interest therein.” Both parties joined issues and the matter went for full trial before the trial court. The respondents’ case was th…