IKONGBEH, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court, Isiokpo, Rivers State, wherein the court by an order of certiorari quashed the decision of the Isiokpo Customary Court given in favour of the appellant herein (as 2nd plaintiff) and his co-plaintiff representing the Nsirim family. That judgment resulted from an action instituted by the plaintiffs against the 1st respondent herein as the sole defendant representing the Azuokwu Umuisioha family. The plaintiffs claimed general damages for trespass to a parcel of land. After a full hearing, during which it heard four witnesses for the plaintiffs and five for the defendant, the court visited the land. At the locus in quo it heard more witnesses summoned by it. In its judgment it ruled in favour of the plaintiffs in part.
The defendant was dissatisfied with the judgment. His legal advisers believed that, because no Customary Court of Appeal existed in the State at the time, the only w…