UWAIFO, JSC (Delivering the Lead Judgment): This case originated in the Customary Court of Agudo where the plaintiff/respondent in his claim sought four reliefs [as actually stated in the writ of summons] against the defendant/appellant, namely, (1) N500.00 damages for trespass to land and harvesting palm fruits; (2) injunction restraining the defendant’s servants from committing further acts; (3) declaration of title to customary right of occupancy to a parcel of land known as ‘Ani be Ezeokoli’; and (4) order to defendant to quit. It is clear from the entire proceedings before that Customary Court that what was in dispute was a parcel of land which the plaintiff calls “Ani be Ezeokoli” or “Ani be Ezeokoli Ezeodika”. A survey plan of the land was made by the plaintiff by order of court and admitted as exhibit A.
The plaintiff said the defendant entered upon the land and planted A some yams. The history behind the land as given by the plaintiff is that the grandfather of the defendant…