OLUKAYODE ARIWOOLA, JSC: (Delivering the leading Judgment): This is an appeal against the judgment of the Enugu Division of the Court of Appeal, delivered on the 13th day of July, 2005.
The appellants herein were the plaintiffs at the trial Court in Suit No. HN/22/76 instituted in a representative capacity at the Nnewi Division of the Anambra State High Court against the Respondents as Defendants.
The appellants had sometime in July 1976 instituted an action against the respondents as defendants. By paragraph 32 of the Amended Statement of claim dated 16th January, 1984, they claimed jointly and severally as follows:
(i) Declaration of title to all that piece or parcel of land known and called "Ogwugwu Ahaba" situate at Uruokwe Ezeanaike Egbema Ozubulu verged pink in the plaintiffs Plan No. MEC/308/77 within the jurisdiction of this court the annual value of which is N20,000.
(ii) N1,000.00 damages for trespass.
(iii) Injunction restraining the defendants their servants and or agents …