OGUNBIYI JSC (Delivering the Lead Judgment): The appeal by the plaintiffs/appellants is against the judgement of the Court of Appeal delivered on 13 June 1989. The appellants were the plaintiffs before the Enugu High Court and on their statement of claim at paragraph 23 claimed against the defendants as follows: “(a) A declaration of title to a customary right of occupancy of the said piece or parcel of land situate at Obeagu Ugbawka and called ‘Akpa land’ which land is more particularly delineated in the plan attached thereto.
N500 general damages for trespass.
A perpetual injunction restraining the defendants their servants or their agents from entering the land in dispute and in any manner whatsoever interfering with the said land without the prior consent of the plaintiffs.”
The case of the plaintiffs who sued for themselves and on behalf ofUmuenwezette Quarter of Obeagu, Ugbawka, was that the land in dispute had belonged to them from time immemorial; that they had also exercised a…