OGUNDARE, J.S.C. (Delivering the Leading Judgment): The question for determination in this appeal lies within a small ambit. Sometime in December 1970, one James Agbara issued out a writ of summons claiming from the Defendants in their individual capacity declaration of title to a piece or parcel of land (hereinafter is referred to as the land in dispute) 100pounds damages for trespass and an injunction. James Agbara sought and obtained leave of court to prosecute the action in a representative capacity that is to say for himself and as representing the Ekehedi Community of Oboro in Umuahia Division. Pleadings were filed and exchanged and subsequently amended. In the court of the trial James Agbara died and on the application of the present plaintiff, Joseph Nkpoku Omerede he was substituted for the deceased James Agbara. The defendants also sought and obtained leave of court to defend the action for themselves and on behalf of Obunta Community.
At the conclusion of the subsequent tri…