NNAEMEKA-AGU, JSC (Delivering the Leading Judgment): This is a further appeal by the plaintiffs in this case against the dismissal, by the Court of Appeal, Enugu Division, of their appeal against the decision of Awogu, J. (as he then was) sitting in an Onitsha High Court.
The plaintiffs, as representatives of Azize Nnadi family of Amansi village of Ifite Nteje had, in 1974, that is before the Land Use Act, instituted an action against the 1st and 2nd defendants in their personal capacities. The 1st and 2nd defendants are also from Ezize family of Amansi, called Iruatu. On their own application, the 3rd to 5th defendants, and yet the 5th to 8th defendants, applied to be joined. Before the time the case went to trial the 1st to 5th defendants were given leave to defend the action as representatives of the whole of Ifite Nteje, to which the plaintiffs also claim to belong. The 6th to 8th defendants were also defending the action as representatives of Umunnakwe family of Ifite Nteje but t…