M. L. UWAIS, J.S.C. (Delivering the Leading Judgment): When this appeal was argued before us on the 3rd June, 1985 we dismissed it and reserved our reasons for the dismissal. I now give my reasons.
The respondents were the plaintiffs in an action which they filed in the High Court of Imo State, sitting at Nkwerre, against the appellants as defendants. The claim in the action was for (1) declaration of title to a piece of land, that is the land in dispute, known as "Okohia Ndimbara" which is situate at Ndimbara Village of Eziama in Orlu Judicial Division; (2) damages for trespass and (3) perpetual injunction. Judgment was given for the plaintiffs. The defendants appealed to the Court of Appeal but lost.
This further appeal is by the defendants (now appellants). They have filed 7 grounds of appeal. The seventh ground raises in alternative to the preceding six grounds, a constitutional issue. The points which have been canvassed before us pertain only to the seventh ground. No argument…