P. NNAEMEKA-AGU, J.S.C. (Delivering the Leading Judgment): For a proper appreciation of the real issues that arise for determination in this appeal, it is necessary to state the facts in some detail.
In the present suit, which was commenced in Amawbia/Awka Judicial Division of Anambra State, the Plaintiffs (i.e. the present Respondents) claimed for themselves and on behalf of Umubelonwu of Amanuke against the Defendants (Appellants) for themselves and on behalf of Ifiteora in Urum for a declaration of title to Akpu-Ovu land and perpetual injunction against the Defendants, their servants or agents over the land. The case went to trial on an amended Statement of Claim dated the 27th day of September, 1978. The Defendants, for reasons not clear from the records, while not disputing that they sued "for themselves and on behalf of Ifiteora in Urum", split themselves into two for their defence, namely: 1st and 2nd Defendants hereinafter called 1st set of Defendants, and 3rd to the 6th Defen…