AMINA ADAMU AUGIE, J.C.A (Delivering the leading Judgment): The action that led to this appeal originated from the Customary Court, Ogurugu in Enugu State. The Appellants, as Plaintiffs "for and on behalf of Ajuona Village in Adani, Uzo-Uwani LGA, Enugu State", sued the Respondents, also in a representative capacity, and claimed as follows -
(a) A Declaration that the Plaintiffs are entitled to the customary right of occupancy over the piece/parcel of land - - subject matter of this suit.
(b) An Order of perpetual injunction restraining the defendants, whether by themselves, servants, agents, privies, workmen, from trespassing into the said piece of land.
(c) General damages for trespass".
The Oguruku Customary Court had Chief F.O. Okeji, an President, and Chief E.O. Ogbobe and Chief M.N. Nnalue, as Members of the Court.
The Appellants called five witnesses, while the Respondents called four witnesses at the trial, and after a visit to the locus in quo, the Customary Court presented a…