MOJEED ADEKUNLE OWOADE, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of the Customary Court of Appeal, Imo State, sitting at Owerri in Appeal No. CCA/OW/A/46/2004 delivered on the 12th October, 2005 affirming the judgment of the Customary Court, Ngor Okpala, sitting at Umuneke in Suit No. CC/NGO/47/98 delivered on 15th January, 2004.
On 15th June, 1998, the respondent as plaintiff in the Customary Court of Ngor Okpala Local Government Area of Imo State holden at Umuneke claimed against the appellants as defendants as follows:
"1.Declaration that the plaintiff is entitled to the Customary Right of Occupancy to that piece or parcel of land known as and called "Okwu Azu Ulo" lying and situated at Umuagwu Eziama in the Ngor Okpala Local Government Area of Imo State in jurisdiction shown on Plan No. AS/IMD/43/88.
2. N5,000.00 General Damages or (sic) for trespass in that the defendants, without consent licences and or authority of members of Umueke-Agba f…