HUSSEIN MUKHTAR, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Anambra State sitting in Ihiaja delivered by B. A. Ogbuli J., on 27th June 2013.
The lower Court had previously struck out both the claim and counter-claim of the parties, respectively, on the grounds that same were not justiciable. However, the Learned trial judge subsequently entered judgment for the Respondents in terms of their counterclaim that was previously struck out.
The Appellants, as the Plaintiffs, instituted this suit in the lower Court vide Writ of Summons and Statement of Claim both dated 25th April, 2012, which they later amended on 28/2/2013 by the order of the Court, and claimed as follows:
i. AN ORDER of the Honourable Court declaring that the plaintiffs are still entitled to the equitable leasehold from the period unexpired for 99 years starting from the 24th day of February, 1972 to 23rd day of February, 2071.
ii. AN ORDER OF PERPETUAL INJUNCTION restrai…