M. E. OGUNDARE, J.S.C (Delivering the Leading Judgment): By a writ of summons taken out in the High Court of the now defunct East Central State of Nigeria on 16th August, 1975, the plaintiffs (who are hereinafter referred to as the appellants) sued the defendants (now respondents) claiming :-
"(a) Declaration of title to the piece and parcel of land known as and called 'OHIA ACHARA' situate at Ezemelaha Village, in Eziama within the Orlu Judicial Division with annual value of N10.00
(b) N400.00 (Four hundred Naira) being damages for trespass.
(c) An Injunction permanently to restrain the defendants, their servants, agents, and or workmen from further interference upon the said land."
Pleadings were ordered and duly filed and exchanged. On the creation of Imo State of Nigeria, the suit was transferred to the High Court of that State. With leave of the trial Court both parties amended their respective pleadings. The appellants also with leave of Court further amended their pleadings. Th…