A. M. MUKHTAR, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, Port Harcourt Division, wherein the appeal of the plaintiffs was allowed, and an order of retrial de novo was made. The plaintiffs' case at the then East Central State High Court was that the land in dispute formed part of a larger parcel of land known and called 'UKATARA' and belonged to his family who leased it to the 2nd plaintiff for a term of 99 years, and he has since then been the 1st plaintiff's family tenant. The defendant somehow acquired the land through one Mr. Okorie Eloagu to whom the land was leased by the 1st plaintiff's brother Azunna Onyero. The defendant is building on the land, and it is in view of the activities going on the land that the plaintiffs claimed the following reliefs against the defendant:-
"(i) A declaration of title to all that piece and parcel of land known as and called "UKATARA" land situate at Eziukwu-Aba Division of the East Ce…