THOMAS, J.C.A. (Delivering the Leading Judgment): The brief facts of this appeal is that the appellants as plaintiffs brought a suit in a representative capacity against the respondent in suit No. HOW/36/74.
The reliefs sought in the claim read:
(a) A declaration of title to the piece or parcel of land known as and called 'Ikpa Eziama' situate at Eziama in Owerri Judicial Division.
(b) Two Hundred Naira (N200.00) being general damages for trespass upon the said piece of land.
(c) Perpetual injunction permanently restraining the defendants, their agents from further trespass upon the said piece of land."
Both parties filed plans. The appellants' plan is exhibit A, while the respondents' plan is exhibit M. The appellants' case at the lower court as can be deduced from their pleaded further-further amended statement of claim at pages 51 - 56 of the record is that the land in dispute was their land from time immemorial, and that they had been in possession and had performed numerous acts …