UDOMA, J.S.C. (Delivering the Leading Judgment)-In the Asaba Grade B Customary Court Suit No. 275/65, the plaintiffs/appellants, Nwokolo Oliko and Okonkwo Ibonye for themselves and on behalf of the family of Ogbeamei. Umuagu, Asaba (hereinafter to be referred to as the plaintiffs) sued the defendants/respondents, Ofm Okonkwo, Okocha Ogbotobo and Obi Azana Izegbu for themselves and on behalf of the family of Ogbonishe, Umuagu, Asaba (hereinafter to be referred to as the defendants). The claim was for:-
"(i) Declaration of 'title' to pieces and parcels of land known as and called 'Ububangwulor' and 'Ohuiyi'.
(ii) N100 general damages for trespass on ,the said land.
(iii) Injunction to restrain the defendants, their agents and or servants from trespassing further unto the said plaintiffs' land."
After due hearing, the customary court entered judgement for the plaintiffs, granted the declaration of title and the injunction sought and awarded the plaintiffs N70 damages for trespass, with c…