JAMES OGENYI OGEBE, J.C.A: (Delivering the Leading Judgment); The respondent sued the appellants in the High Court of Aboh Mbaise in Imo State presided over by Mbachu, J., claiming as per paragraph 26 of the statement of claim as follows:-
"26. Wherefore the Plaintiff claims as follows:
(a) An order of Court commanding the defendants to surrender to the plaintiff all that piece or parcel of land which is part of 'ODONKWU NWOKOROBIA', and situate in Umualim Ikenga Eziudo in Aboh Mbaise, which piece or parcel of land has been in the possession of the defendants, and which the defendants have refused to surrender despite repeated demands.
(b) An injunction perpetually restraining the defendants, servants and or their privies from further entry into the lands so surrendered."
The appellants filed a statement of defence denying the claim and stating their own version of the traditional history of the land.
The respondent's case from the pleadings and evidence was that the disputed land or…