OPUTA, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, Enugu Division Coram Phil-Ebosie, Aikawa and Alu, JJ.C.A. setting aside the judgment of P. K. Nwokedi, J. (as he then was) granting the Plaintiffs in Suit No. E/68/73 a Declaration of title, N400.00 general damages for trespass and a perpetual injunction against the Defendants in that Suit. In the same judgment, Nwokedi, J. dismissed the claims in Suit No.E/190/77. Incidentally Suit No.E/68/73 was consolidated with Suit No.E/190/77 for hearing. Umuene Town,Olo, Udi Division is made up of four villages or quarters namely Umuonyia, Umuafuke, Umuawata and Amangwu. In Suit No.E/68/73 the people of Amangwu through the Plaintiffs on record sued three sets of Defendants for themselves and representing the Umuafuke Amandim Olo, the Umuonyia Amandim Olo and the Umuawata Amandim Olo. The Claim of the Plaintiffs in Suit No.E/68/73 was for the following:-
(i) Declaration of Title to a p…