SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Leading Judgment): This is a consolidated appeal against the judgment of the High Court of Justice, Anambra State, Holden at Awka Judicial Division, Awka, Coram. Hon. Justice Umegbolu Nri -Ezedi (Chief Judge) delivered on the 27th November 2007 in Suit Nos A/134/96 and A/135/96 wherein both suits filed by the plaintiffs were dismissed.
The appellants herein had as plaintiffs commenced an action in the High Court of Justice, Awka hereinafter referred to as (the lower court) in Suit No A/134/96 against Hyacinth Ejidike and 2 Ors (for themselves and on behalf of Ejidike Ogbata family of Okpu Ifite village, Agulu) hereafter referred to as (1st set of Respondents). Their claim therein is as follows:-
(a) Declaration that the acts of the defendants in surreptitiously defending "Agu Idemili Okpu Ifite" as their own land in Suit No. SC/107/92. CHUDI AKUNYILI V. IDEMILI EJIDIKE and ORS amounted to a challenge of the plaintiffs' title over the s…