ABDU ABOKI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of C. E. K. Anigbogu J. of the Anambra State High Court of Justice, Onitsha delivered on 27th March 2006.
The brief facts of the case are as follows:-
The Plaintiffs are members of Umu-Utumacha Family in Umu-Nweshi of Isiowulu Community Obosi, while the 1st Defendant is from Ire Village in Ire Obosi. The 2nd Defendant is a company incorporated in Nigeria. The Plaintiff claimed that the land in dispute forms part of a larger expanse of land known as "Omoko Land" situate at Obosi but the Defendants said the land is called "Ozalla land" and that it is delineated by a Survey Plan No.AA/D.30/2000.
Both parties derived their root of title to the land in dispute under native law and customs of Obosi known as "Igbota-ani". By this custom, whoever came into a virgin forest clears and cultivated it automatically becomes the owner and its ownership devolves unto his descendants from generation to genera…