EMMANUEL AKOMAYE AGIM, J.C.A. (Delivering the Leading Judgment): On 11-10-2001, the respondents herein as plaintiffs filed a claim and caused a writ of summons to issue on the same date against the appellants herein as defendants commencing suit No A/234/2001 in the High Court of Anambra State at Awka.
The plaintiffs claimed for the following reliefs:
"1. Declaration of Court that the plaintiffs are the persons entitled to the statutory right of occupancy over the piece or portion of land called "ana ngam/apiti" Okoyeocha situate at Umueze village, Amawbia town in Awka South Local Government Area of Anambra State, which is more particularly described and delineated in the plaintiffs' plan No. SSC/AN/D/03/2002.
2. The sum of N500,000.00 damages for trespass on the land aforesaid.
3. Court's order of perpetual injunction restraining the defendants, agents, and/or servants from further trespass on the land aforesaid."
The suit was tried on the basis of the following pleadings- the plaintiffs'…