UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment):This appeal has been spawned by an action and cross action which was filed at the Ndokwa West Area Customary Court but heard and determined at the Ukwuani Area Customary Court. The first salvo was fired by the Appellants when they sued the Respondents claiming the following reliefs:
The Plaintiffs claim against the Defendants jointly and severally as follows:
1. A Declaration that as Owners in possession the Plaintiffs are entitled to the grant of Customary Right of Occupancy over all that piece or parcel of land known and called Umu-Uzu Farm land situate at Ogbagu Ogume Bush within the jurisdiction of this Honourable Court.
2. The sum of N500,000.00 (Five Hundred Thousand Naira) being Damages for trespass in that on or about the 2nd day of May, 1994 the Defendants through their father Chief Charles Chukwuka Ogude without the consent and authority of the Plaintiffs first sought and obtained broke and entered into the land…