TIJJANI ABUBAKAR, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Hon. Justice F. I. E. Ukattah of the Imo State High Court sitting at Oguta delivered on 28th January 1988 in Suit No. HOG/51/84.
The Respondents in this appeal took out writ of summons against the Appellant in writ number HOG/51/84, seeking for the following reliefs:
"1. Declaration, that the plaintiffs are entitled to the customary right of occupancy to that piece or parcel of land known as and called "Onyeabialangam" situated and lying at Umukene waterside Umuagwo Ohaji and verged yellow in the plaintiffs plan no TLD/16/84 filed with this statement of claim.
2. Perpetual injunction retaining the defendant, his servants, agents or his workman from trespassing into the said "Onyeabiakangam land."
The facts of the case are briefly that, the plaintiffs at the trial Court took out writ of summons against defendant over dispute on a piece of land founded by plaintiffs ancestor "Ikenyirio…