ADAMU JAURO, JSC (Delivering the Leading Judgment): The appeal herein is against the judgment of the Court of Appeal, Enugu Division, which allowed the Respondents' appeal and set aside the decision of the High Court of Enugu State which had granted an order of certiorari sought by the Appellants' father.
The Appellants' father, Ugwu Nsude, was the Defendant before the Customary Court of Enugu East Division, Nike Uno where one Daniel Anike sued him in suit No. CCN/47L/2002, for the following reliefs:
"1) Order to restrain - resurvey (sic) the said land leaving my portion for me.
2) An interim injunction against the Defendant, agents from trespassing into the portion of the land which he carved out from my own land."
In a unanimous judgment delivered on 23rd June, 2003, the court decided the matter in favour of the said Ugwu Nsude. Meanwhile, another action had earlier been instituted against the same Ugwu Nsude in suit No. CCN/lSL/2001 by one Mr Nichodemus Anike (now late), who has now b…