MOHAMMED LAWAL GARBA, JSC (Delivering the Leading Judgement): The Anambra State High Court, sitting at Awka (trial court) entered judgment in favour of the Appellants on the 23rd February, 2007 in a claim for declaration of title to a parcel of land situate at Agu Awka which they called Mgboko Aguoka, damages for trespass against the Respondents and injunction on the basis that the land was community land.
Aggrieved by the judgment, the Respondents appealed against same at the Court of Appeal, Enugu Division (court below) mainly on the. grounds that the Appellants did not prove title to the land by the traditional history. evidence relied on by them. In a judgment delivered on the 19th December, 2013, the court below allowed the appeal, set aside the decision by the trial court and dismissed the Appellants' claim on ground of failure to prove same.
Expectedly, the Appellants were dissatisfied with the decision by the court below and have brought this final appeal vide the initial Notice…