SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Leading Judgment): The Respondents in this appeal had as plaintiffs instituted Suit No. O/71/58 against the defendants, now appellants, at the High Court Onitsha, on the 28th day of April 1958 wherein they claimed as per paragraph 18 of their Amended Statement of claim as follows:-
(1) A Declaration that, plaintiff (sic) entitled to statutory Right of occupancy to all that piece or parcel of land known and called ISI-AGU LAND situate at Abo Ogidi and more particularly delineated and verged pink on the plaintiff's plan No. MEC/91/58 filed in this Suit.
(2) #100 general damages for trespass by the defendant's people upon the said land.
(3) Perpetual injunction to restrain the defendant and his people with their servants and agents from in anyway interfering with the plaintiff's ownership and possession of the said land.
A summary of the facts of this case as stated by the Respondents is that the land in dispute known as ISIA-AGU LAND is …