C. O. MADARIKAN, JSC (Delivering the Leading Judgment): This appeal is from the judgment of Aniagolu, J. in the High Court, Umuahia, in an action (Suit No. HU/36/71) instituted by the respondent, as plaintiff, against the appellant who was the defendant and who was sued in a representative capacity, namely, for himself and as representing the Meribe family. In the action, the plaintiff had claimed declaration of title to a parcel of land called "Uzo Ama Awom", ₦200 damages for trespass and an injunction.
At the trial, it was common ground that Nwanyiakoli, one of the wives of Chief Cheghekwu Egwu, owned the land in dispute. It transpired that Chief Egwu died in 1925 and was survived by many children two of whom were the plaintiff and Meribe Cheghekwu Egwu who was the father of the defendant. Eventually, Nwanyiakoli died in 1937.
The evidence led in support of the plaintiff's case was that because it seemed as if Nwanyiakoli was barren, she handed her niece, Nwanyiocha, over to Chief E…