OGUNDARE, JSC (Delivering the Lead Judgment): The appellants, as plaintiffs, had on 24th February, 1978 sued the respondent, as defendant, claiming -
“(a) Declaration of title under native law and custom of all that piece and parcel of land situate at Onitsha and more commonly called ‘ Eke Obamkpa’ land. N500.00 (Five hundred Naira) damages for trespass committed by the defendant on the said land on or about the month of February, 1978. perpetual injunction restraining the defendant his servants and/ or agents from further trespass on the said land.”
The three plaintiffs had sued in a representative capacity for themselves and on behalf of Ogbolu Family of lyiawu village, Onitsha. Pleadings were ordered and filed. Both in their original statement of claim and further amended statement of claim, they pleaded in paragraph 1 respectively as follows: “1. The plaintiffs are the descendants and successors-in-title of one Ogbolu of lyiawu village of Onitsha. The plaintiffs have the aut…