A. B. WALI, J.S.C. (Delivering the Leading Judgment): The short point for determination in this appeal is whether the Court of Appeal exercised its discretion rightly in refusing the appellants extension of time to appeal to the Court of Appeal against the judgment of the trial court dated 24th June 1985. It is also to be noted that on the day the appeal came up for hearing neither the appellants nor their counsel, nor the respondents nor their counsel appeared. The court having been satisfied that both parties were notified with hearing date, took it that both parties have adopted their briefs which they have already filed. See Order 6 rule 8 (6) of the Supreme Court Rules, 1985.
The appellants who were the plaintiffs in the trial High Court of Owerri Judicial Division of Imo State, filed an action in that court asking for-
"(a) A declaration that the villagers of Umuanyim in Umuekwune town, comprising of the kindreds of the plaintiffs and the defendants are entitled to customary ri…