A. I. IGUH, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Enugu Division, which had on the 15th day of November, 1988 dismissed the appeal by the plaintiffs from the decision of Ubaezonu, J., as he then was, sitting at Enugu in the High Court of the former Anambra State of the Federal Republic of Nigeria.
The plaintiffs, for themselves and on behalf of the people of Elugwu/Nkpokolo Village of Achi had instituted an action jointly and severally against the 1st to the 11th defendants, for themselves and on behalf of Nzubeka Oganiru Achi Meeting and the 12th to the 14th defendants, for themselves and on behalf of the people of Agbadala Village in Achi town, claiming as subsequently amended as follows:-
"(i) A declaration that plaintiffs are entitled to the grant of the customary right of occupancy of part of the larger piece and parcel of land known as and called "Ani Agu Nwaeke" situate at Elugwu/Nkpokolo village, Achi in Oji R…