TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the judgment in respect of the appeal filed by the appellants who were the Defendants at the lower Court.
The appeal is against the judgment of High Court Imo State which sat at Owerri in suit No: HOW/173/2005. The said judgment was delivered on 18/11/2010.
By paragraph 19 of its Amended Statement of claim the Plaintiff claimed against the Defendants as follows:-
Wherefore the Plaintiff claim against the Defendants as follows:-
a. Declaration that the Plaintiff is entitled to the Customary Right of Occupancy over the entire piece or parcel of land donated to it by the Kindreds of Umukwa in Umuehieta, Umueriala and Umuasha Communities of Avu about 1914 which land is situate at Avu in Owerri West local Government Area of Imo State within jurisdiction.
b. N10,000.00 (Ten Thousand Naira) being damages for trespass committed by the defendants on the aforesaid land.
c. Perpetual injunction restraining the Defendants by them…