AKPIROROH, JCA (Delivering the Lead Judgment): This is an appeal by the appellants against the judgment of the High Court of Justice, Imo State, sitting at Aba, delivered on 2nd day of November, 1988 in suit No. A/141/76.
The claim of the appellants in the court below in paragraph 16 of their statement of claim is as follows:-
“1. A declaration of title to ‘Ala Obi Umuotuonye’ situated at Umuokpoji village and shown on the plaintiffs’ plan No. UN.D/48/76 filed with this statement of claim and thereon verged ‘Green’.
Possession of the said land.
Means (sic: mesne) profits at the rate of N120.00 per annum from the 1st day of January, 1961 until possession is given up. A perpetual injunction restraining the defendants jointly and severally from further act or acts likely to interfere with the plaintiffs’ rights and interest over ‘Ala Obi Umuotuonye’ land.”
The claim which was tried on the pleadings supported by evidence relates to a piece of land in Umuokpoji along Port Harcourt/Aba Road, A…