M.D. MUHAMMAD, J.C.A.: (Delivering the Leading Judgment): This is an interlocutory appeal against the ruling of G.U. Ononiba J, of the Anambra High Court sitting at Nnewi. The ruling is dated 14th November, 1996.
At the Court below, the Respondents as plaintiffs had claimed as follows:-
1) A declaration that the plaintiffs are entitled as owners in possession to the customary right of occupancy in respect of the piece or parcel of land known as and called Ukpuno Ejiogu in Umuezedom, Ubahu Okija, within jurisdiction (sic) better described and more particularly delineated in the survey plan No. MEC/1838/84 filed with the statement of claim, annually valued at N10.00.
(2) The sum of N500 for trespass.
(3) Perpetual injunction restraining the Defendant, his agents and/or servants from further acts of trespass on the said land.
Pleadings were ordered, filed and exchanged. Thereafter, the Appellant as Defendant by his notice of motion contested the jurisdiction of the lower Court. He pray…