S. O. UWAIFO, J.S.C (Delivering the Leading Judgment): The plaintiffs (now respondents) are the people of Ndiorji village, one of the eight villages of Ugirike Ikeduru in Owerri, The defendants (now appellants) are of Umuezem and Umumgbeke, two of the said eight villages. The respondents lay claim to a parcel of land known as ORIE OFOR, now in dispute, which they allege is part of their larger parcel of land called Ala Ndiorji as depicted in their litigation plan No.UND/48/71A (exhibit A). For reasons to be given later, they brought this suit against the appellants for (1) a declaration of title to the said Orie Ofor (2) N200.00 damages for trespass and (3) perpetual injunction.
On 10 July, 1979, the Owerri High Court of Imo State presided over by Ogwuegbu J, gave judgment for the respondents in respect of the three reliefs but limited the extent and effect of the first and third reliefs. He made further orders which were not asked for and were not really consequential or incidental t…