AGIM JCA (Delivering the Lead Judgment): On 5 March 1998, the respondents herein, as plaintiffs commenced suit No.
CCM/24/98 in Mbamisi customary court at Aguata against the appellants herein as defendants, claiming for:
A declaration that the plaintiffs are entitled to the customary right of occupancy over the land known and called:
(1) Agho-Ocha land situate at Ugholo in Akpo.
Ala- Ofor la nd situa te nea r Community Secondary School, Akpo.
Umu-Inem land or Robulagu land A
Ala-Iyi Ogwe land all situate at Agbenu village Akpo town within jurisdiction.
An order of perpetual injunction restraining the defendants, by themselves, their agents, servants from further tr espassing into the said land or from interfering with plaintiffs’ right of occupancy over the said lands. N2,000.00 (two thousand naira) general and special damages.
After conclusion of evidence by both sides, the trial customary court on 22 December 1999 rendered judgment and ordered as follows:
That the plaintiffs, Anthony Okpal…