A. O. OBASEKI, Ag. J.S.C. (Delivering the Leading Judgment): The appellants were defendants, in the court below - the High Court of the former East Central State holden at Umuahia, to a claim instituted by the respondents for:
"(a) A declaration that the plaintiffs as the lineal descendants of Nna Okpan Uba, who was the first person to bring into his possession and ownership Ekike, Ugwu-Otugba and Ngele-Aturu lands are by Nkporo Native Law and Custom entitled to half share of farm strips in any year these pieces or parcels of land are farmed.
(b) 40 (forty pounds) being half the total rental value of these lands farmed this year (1971) by the defendants who excluded and denied the plaintiffs their right".
The 2nd appellant was on his own motion joined as 2nd defendant.
The action came up for hearing before Aniagolu, J. (as he then was), who after hearing evidence adduced by the 1st plaintiff and his witness and hearing the defendants electing to rest their case on the evidence so addu…