A. I. IGUH, J.S.C (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Port Harcourt Division which had on the 22nd day of November, 1991 dismissed the appeal by the plaintiffs from the decision of Ukattah, J. as he then was, sitting at Oguta in the High Court of Imo State.
The proceedings are in respect of two consolidated suits. The plaintiffs, for themselves and as representing the Umuhorum Umunwanyi Community of Ohuba, Ohaji had in suit No. HOG/24/81 claimed against the defendant, for themselves and as representing the Umuagor Obosima Community of Ohaji, as follows:-
'"(a) Declaration that the plaintiffs are entitled to the customary right of occupancy over the land called "Wemewara/Ogbutara" situate in Ohuba, Ohaji.
(b) Ten thousand naira (N10,000.00) being general damages for trespass.
(c) Perpetual injunction restraining the defendants, their agents, wives, relations, inlaws, workmen from entering the said land to carry out any form…