ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the High Court of Abia State in Suit No. HU/274M/2007, delivered on 23/11/2010 by Hon. Justice S. N. Imo (as he then was), wherein the learned trial Court refused the Application for Judicial review by the Applicant (Appellants herein), saying Applicant had failed to make out a case for the Court to accede to his prayers. The application was dismissed with N10,000.00 cost in favour of the Respondents (Page 294 of the Records of Appeal).
Appellants, as plaintiffs in at the Mbawisi Customary Court, Isiala Ngwa LGA of Abia State, in Suit No.CC/NB/183/89), had sued the 1st to 5th Defendants (now 2nd to 6th Respondents), seeking:
(a) An order of Court re-establishing the boundary between Umuodeche and Umuogu Villages on the Okpulo Ukwa farmland, Ngulu, Isiala, Ngwa Local Government Area
(b) A declaration that the plaintiffs are entitled to the Customary Right of Occupancy over the portions of la…