HARUNA SIMON TSAMMANI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Customary Court of Appeal of Imo State delivered on the 5th day of June, 2008. By the said judgment the Customary Court of Appeal, dismissed the appeal brought before it by the Appellants against the judgment of the Customary Court, Eziama, Ikeduru Local Government Area of Imo State.
The Appellants herein were the Defendants at the trial Customary Court, while the Respondents herein were the Plaintiffs. The Respondents had started the resolution of the dispute between them and the Appellants when they commenced an action by writ of summons at the High Court in Suit No. HOW/172/86 and which suit was transferred to the Iho Division of the High Court, before it was struck out for want of jurisdiction. The Respondents therefore commenced the action afresh at the Customary Court, Eziama in Ikeduru Local Government Area, whereat they claimed the following reliefs:
1. Declaration th…