IKONGBEH, J.C.A. (Delivering the Leading Judgment): This is an appeal from the decision of the Imo State High Court (Njiribeako, J.), sitting at Oguta. The respondents took out a writ of summons against the appellants claiming a declaration of title to a piece of land, damages for trespass and a perpetual injunction. They repealed the prayers at the end of their unnecessarily lengthy statement of claim. Their case was based on traditional history. The appellants stoutly denied the claim. They too relied on traditional history. The respondents called 10 witnesses while the appellants called 7.
After taking addresses from counsel for the parties, the learned Judge delivered a reserved judgment in which he gave meticulous attention to the cases put forward by the parties, both in their pleadings and evidence. He identified the following 7 issues as arising from the pleadings for resolution by him.
"Issue No.1 - How was Ibiasoegbe founded? - was the virgin forest which later became Ibias…