CHIMA CENTUS NWEZE, J.S.C. (Delivering the Leading Judgment): At the High Court of Anambra State, [Trial Court, for short], the respondents in this appeal, as plaintiffs, took out a Writ of Summons against the appellant herein, [as defendants]. They sought the following declaratory and injunctive reliefs:
(a) A declaration that the land in dispute is the exclusive property of the plaintiffs and are entitled to the customary right of occupancy in and over the said land called "Ishiekpe;"
(b) A mandatory injunctive order on the defendants to rebuild the damaged house of the first plaintiff which they destroyed;
(c) ₦10,000 (Ten Thousand Naira only) damages for trespass;
(d) A perpetual injunction to restrain the defendants by themselves, agents, privies, servants, workmen or whomsoever from further acts of waste and trespass on the land.
Upon the settlement and exchange of pleadings, trial commenced on October 19, 2005. Five witnesses testified on behalf of the plaintiffs. On the other hand,…