BODE RHODES-VIVOUR, J.S.C (Delivering the Leading Judgment): The Plaintiff for himself and on behalf of the Anazodo Odunukwe family of Nnewichi Nnewi, the Appellants in this appeal sued the Defendants, now Respondents, claiming jointly and severally as per paragraph 12 of their amended statement of claim as follows:-
(1) Declaration of title to all that piece or parcel of land situate at Obuofia Nnewichi Nnewi within the jurisdiction and more particularly delineated and verged Pink in the Survey plan No. EC.127/72 filed with this statement of claim.
(ii) 100 pounds damages for wanton acts of trespass committed by the defendants on the said land.
(iii) Injunction to restrain the defendants, their servants, agents and privies from further entry on the said land."
Pleadings were filed and exchanged and, with leave of Court amended. The case accordingly proceeded to trial at which both sides led evidence in support of their respective case. Each side led evidence which showed that they r…