A. B. WALI, J.S.C. (Delivering the Leading Judgment): The Plaintiffs sued the Defendants in the Enugu High Court of Anambra State for trespass to a parcel of land they called 'Ajamu', damages and injunction against further trespass. The claims were denied by the Defendants who called the same parcel of land 'Azu Agu', and claimed ownership of the same through inheritance patrimonially.
At the end of the trial, judgment was given in Plaintiffs' favour. The reliefs claimed by Plaintiffs with ₦300.00 as general damages were also awarded against the Defendants.
Against the judgment the Defendants appealed to the Court of Appeal, Enugu Division and filed the Notice of Appeal on 29th April 1985 at the High Court Registry, Enugu.
The simple facts involved in this appeal are as follows -
The Plaintiffs sued the Defendants in the Court of trial for a declaration of title to a piece of land, injunction and damages for trespass. The trial Court granted all the claims of the Plaintiffs. The Defen…