CHUKWUMA-ENEH JSC (Delivering the Lead Judgment): This appeal is from the decision of the Court of Appeal, Enugu Division on a notice of appeal filed on 11 July 2002 in this matter. The appellant (the plaintiff) has instituted this action against the respondents (the defendants) in the High Court, Ihiala Judicial Division, Anambra State claiming inter alia as per the amended statement of claim as follows:
“The plaintiff for himself and on behalf of Umuezegwumpi Umu of or Com mu nity Enter p rise o th er wise calledUmuezegwumpi Umuofor Community Development claims against the defendants jointly and severally as follows:
A declaration that the defendants are not the owners of and/or possessors or holders/occupiers of the piece and parcel of land situated at Akabo Umuohi in Okija and which is described in the customary right of occupancy granted to the plaintiff on the 27 April 1989 and registered as No. 1 at page 1 in Volume 1274 at the Land Registry, Enugu. A further declaration that…