HELEN MORONKEJI OGUNWUMIJU, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Abia State delivered on 27th day of July, 2004 by Hon. Justice K. O. Amah C.J.
The facts that led to this appeal are as follows:
The Plaintiffs' claim against the Defendant in this suit commenced at the High Court Umuahia is as follows:
(a) Declaration of title to all that piece or parcel of land known as and called "NKPAKWUNTA" (valued 5 pounds) situate at Bende in the Umuahia Judicial Division.
(b) 200 Pound being general damages for trespass.
(c) Perpetual injunction to restrain the Defendant, agent, servants and workmen from further entering NKPAWUNTA or in any other way interfering with the Plaintiffs' possession or ownership thereof.
On the 17th of April, 1972 the Honourable Court ordered pleadings in the suit. The Plaintiffs filed their statement of claim on the 23rd of February 1973 while the Defendant filed his statement of defence on the 6th Sept…