AMINA ADAMU AUGIE, J.S.C. (Delivering the Leading Judgment): By a Writ of Summons issued at the Onitsha Judicial Division of High Court of East Central State of the Federation in July 1971, the Respondents, who were the Plaintiffs, claimed as follows -
(a) Declaration of title to all that piece or parcel of land known and called "UZO lRU" situate at Oraifite - -
(b) ??100 [Pounds] being damages for trespass.
(c) Perpetual Injunction restraining the Defendant, their servants and agents from further acts of trespass on the said land.
At the trial, the Respondents called eight witnesses. They relied upon traditional evidence, acts of ownership and possession and the ownership of adjacent lands in support of their said claims.
The Appellants, who were Defendants, called six Witnesses. They also claimed that the land belongs to them, however, they did not file any counter-claim in respect of the land in dispute.
In his Judgment of 19/7/1997, the learned trial Judge, Keazor, J., found the traditi…