ONNOGHEN JSC (Delivering the Lead Judgment): This is an appeal against the decision of the Court of Appeal, holden at Enugu in appeal No. CA/E/190/1997 delivered on 14 April 2003, in which the court allowed the appeal of the present respondents and set aside the judgment of the HighCourt of Enugu State holden at Enugu in suit No. E/21/88 delivered on 21 June 1996 granting the reliefs of the appellants, then plaintiffs before that court.
The claims of the plaintiffs, as stated in the amended statement of claim, paragraph 32, are as follows: “32. Wherefore the plaintiffs claim against the defendants jointly and severally as follows: A declaration that the plaintiffs and the defendants are jointly and communally entitled to the customary right of occupancy of the following pieces of land namely: Ukor, Ukpolikpo, Uzam Ani, Be Antunsi Awururu, Ubia and Agba Ekpe lands situated in Akpawfu Nkanu Local Government Area within jurisdiction. (i ) Perpetual injunction restraining the defendants,…