PATS-ACHOLONU, J.C.A. (Delivering the Leading Judgment): This is an appeal from the Customary Court of Appeal of Imo State, which sat on appeal on a judgment of the Customary Court at Okigwe.
The respondent as plaintiff, has sued the appellants in the Customary Court below over a piece of land; on Ikponkwo land, which he stated he inherited from his father who had farmed on it, and planted economic trees on that land, without any form of interruption. He stated that the defendants/appellants are boundary neighbours, same as others and complained that the defendants had of recent, made an ingress into that land hence, this action in court. He said that his father was unable to institute the action over this land because of his ill health. To a question, that the land case has been settled he denied it. He was supported in his evidence by his father, who equally testified that his own father farmed on the land and lived up to 100 years of age, before he died. PW2; the father of the pla…