A. M. MUKHTAR, J.S.C (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, Port Harcourt Division delivered on 13th of June, 2002. The process that culminated into this appeal before us started at the High Court of Mbaise, Imo State. The appellant in this court was the plaintiff in that court, and the parcel of land which he was claiming against the respondents is called ODONKWU NWOKOROBIA, situate in Umualim Ikenga Eziudo Aboh Mbaise. The plaintiff traced the history of the land in dispute to himself in his statement of claim, and claimed therein as follows:
26 (a) An order of court commanding the defendants to surrender to the Plaintiff all the piece or parcel of land which is part of ODONKWU NWOKOROBIA, and situated in Umualim Ikenga Eziudo in Aboh Mbaise, which piece or parcel of land has been in possession of the defendants, and which the defendants have refused to surrender despite repeated demands.
(b) An injunction perpetually restr…