E. O. OGWUEGBU, JSC (Delivering the Leading Judgment): The appellants before this court are plaintiffs in Suit No. HOR/15/87. They brought the action against the five defendants claiming in paragraph 26 of their statement of claim as follows:-
"(a) A declaration of the communal entitlement of the Obibi Community to the customary right of occupancy to part of the piece or parcel of land known as and called Mgbo-Ekpe Obibi situate at Obibi, Awo-Idemili, which part is shown in survey plan No. AS.A/IMD 99187 wherein it is verged pink.
(b) ₦100,000 damages for trespass to the palm plantation of the plaintiffs in the said land part of which was destroyed by the defendants.
(c) A perpetual injunction restraining the defendants, their agents, assigns, relations and successors from treating or dealing with the land verged pink in the manner whatsoever inconsistent, with the communal possessory rights of the entire Obibi Awo-Idemili Village or Community, and in particular, erecting or continui…