MISITURA OMODERE BOLAJI-YUSUFF, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Enugu State delivered in suit no. N/11/2009 on 30/10/12 by Honourable Justice I. S. Amanoh. The respondents in this appeal instituted the suit at the Court below for themselves and as representatives of Obunetiti villages of Ukehe except the appellants villages.
The respondents case at the Court below was that the land in dispute known as Ukpata land is a communal land of all the villages of Obunetiti Ukehe made up of Ukwaja, Ubeagu Eworo, Ndiugwuchima, Umuabaka, Ndiedo, Ndiuabaka, Ndiedo, Ndiugwueleke, Ndinwara and Amanneji villages. The land was originally owned by Ojime the common ancestor of both parties. During the subsequent dispersion of the descendants of the sons of Ojime and their consequential acquisition of various lands which make up Ukehe town, the villages which today are referred to as Obunetiti Ukehe settled at the area adjacent to the l…